Text: S.1048 — 104th Congress (1995-1996)All Information (Except Text)

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Engrossed in Senate (10/19/1995)

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1048 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                S. 1048

_______________________________________________________________________

                                 AN ACT


 
   To authorize appropriations for fiscal year 1996 to the National 
 Aeronautics and Space Administration for human space flight; science, 
 aeronautics, and 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 1996''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration;
            (2) the term ``NASA'' means the National Aeronautics and 
        Space Administration; and
            (3) 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

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, 1995:
            (1) Space Station, $1,818,800,000.
            (2) Russian Cooperation, $129,200,000.
            (3) Space Shuttle, $3,031,800,000.
            (4) Payload and Utilization Operations, $293,000,000.

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, 1995:
            (1) Space Science, $1,958,900,000, of which $48,700,000 
        shall be allocated to the Stratospheric Observatory for 
        Infrared Astronomy, $15,000,000 shall be allocated to the Space 
        Infrared Telescope Facility, and $30,000,000 shall be allocated 
        to the New Millennium initiative.
            (2) Life and Microgravity Sciences and Applications, 
        $507,000,000, of which $3,000,000 shall be allocated for the 
        construction of an addition to the Microgravity Development 
        Laboratory, Marshall Space Flight Center.
            (3) Mission to Planet Earth, $1,360,100,000, of which 
        $17,000,000 shall be allocated to the construction of the Earth 
        Systems Science Building, Goddard Space Flight Center, and of 
        which $2,000,000 shall be allocated in fiscal year 1996, and 
        such sums as are necessary thereafter, for the operation of the 
        Upper Midwest Aerospace Consortium (UMAC) of institutions in 
        the Upper Great Plains Region for the purpose of making 
        information derived from Mission to Planet Earth data available 
        to the general public.
            (4) Aeronautical Research and Technology, $891,300,000, of 
        which $5,400,000 shall be allocated to the modernization of the 
        Unitary Plan Wind Tunnel Complex, Ames Research Center.
            (5) Space Access and Technology, $766,600,000, of which at 
        least $70,000,000 shall be allocated to support a shuttle 
        flight for the Shuttle Imaging Radar-C, of which $5,000,000 
        shall be used to establish a Rural Technology Transfer and 
        Commercialization Center for the Rocky Mountains and Upper 
        Plains States region, and of which $159,000,000 shall be 
        allocated to the Reusable Launch Vehicle program.
            (6) Mission Communications Services, $461,300,000.
            (7) Academic Programs, $104,700,000, of which $3,000,000 
        shall be allocated to support the establishment of an Upper 
        Plains States regional science education and outreach center 
        and of which $1,000,000 shall be allocated to establish a Rural 
        Teacher Resource Center.

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, 1995:
            (1) Safety, Reliability, and Quality Assurance, 
        $37,600,000.
            (2) Space Communications Services, $219,400,000.
            (3) Research and Program Management, including personnel 
        and related costs, travel, and research operations support, 
        $2,047,800,000.
            (4) Construction of Facilities, including land acquisition, 
        $135,000,000, including the following:
                    (A) Restoration of Flight Systems Research 
                Laboratory, Ames Research Center;
                    (B) Restoration of chilled water distribution 
                system, Goddard Space Flight Center;
                    (C) Replace chillers, various buildings, Jet 
                Propulsion Laboratory;
                    (D) Rehabilitation of electrical distribution 
                system, White Sands Test Facility, Johnson Space 
                Center;
                    (E) Replace main substation switchgear and circuit 
                breakers, Johnson Space Center;
                    (F) Replace 15kv load break switches, Kennedy Space 
                Center;
                    (G) Rehabilitation of Central Air Equipment 
                Building, Lewis Research Center;
                    (H) Restoration of high pressure air compressor 
                system, Marshall Space Flight Center;
                    (I) Restoration of Information and Electronic 
                Systems Laboratory, Marshall Space Flight Center;
                    (J) Restoration of canal lock, Stennis Space 
                Center;
                    (K) Restoration of primary electrical distribution 
                system, Wallops Flight Facility;
                    (L) Repair of facilities at various locations, not 
                in excess of $1,500,000 per project;
                    (M) Rehabilitation and modification of facilities 
                at various locations, not in excess of $1,500,000 per 
                project;
                    (N) Minor construction of new facilities and 
                additions to existing facilities at various locations, 
                not in excess of $1,500,000 per project;
                    (O) Facility planning and design, not otherwise 
                provided for; and
                    (P) Environmental compliance and restoration.

SEC. 104. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General $17,300,000, to become 
available October 1, 1995.

SEC. 105. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

    There are authorized to be appropriated to the Office of Commercial 
Space Transportation of the Department of Transportation $7,000,000, to 
become available October 1, 1995.

              TITLE II--LIMITATIONS AND GENERAL PROVISIONS

SEC. 201. 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. 202. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    Of the amounts appropriated under sections 101 and 102, $6,900,000 
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. 203. SPECIAL TECHNOLOGY ENHANCEMENT GRANTS.

    (a) In General.--
            (1) Grants.--The Administrator shall make up to 4 special 
        technology enhancement grants to areas or States that have not 
        participated fully in the Administration's aeronautical and 
        space programs in order to enable such areas or States to 
        increase their capabilities in technology development, 
        utilization, and transfer in aeronautics, space science, and 
        related areas. At least one such grant shall be made available 
        to a consortium of States, each one of which has an average 
        population density of less than 12.3 persons per square mile, 
        based on data for 1993 from the Bureau of the Census.
            (2) Activities.--Grants made under this section shall be 
        available for--
                    (A) assessment of resources and needs;
                    (B) development of infrastructure, including 
                incubators and prototype demonstration facilities;
                    (C) collaborations with industry;
                    (D) expansion of capabilities in procurement;
                    (E) development of technology transfer and 
                commercialization support capabilities;
                    (F) activities to increase participation in the 
                Small Business Innovation Research program and other 
                NASA research, development, and technology utilization 
                and transfer programs;
                    (G) relevant research of interest to NASA; and
                    (H) such other activities as the Administrator 
                shall deem appropriate.
            (3) Special consideration.--In making grants under this 
        section, the Administrator shall give special consideration to 
        proposals that--
                    (A) will build upon and expand a developing 
                research and technology base, and
                    (B) will insure a lasting research and development 
                and technology development and transfer capability.
    (b) Eligible Entities.--Grants under subsection (a)(1) may be made 
to--
            (1) State and local governments;
            (2) institutions of higher education; and
            (3) organizations with expertise in research and 
        development, technology development, and technology transfer in 
        areas of interest to NASA.
    (c) Funding of Program.--Of the amounts authorized in section 102 
for the Space Access and Technology account, $15,000,000 are authorized 
to be used for grants under subsection (a).

SEC. 204. CLEAR LAKE DEVELOPMENT FACILITY.

    The Administrator is authorized to acquire, for no more than 
$35,000,000, a certain parcel of land, together with existing 
facilities, located on the site of the property referred to as the 
Clear Lake Development Facility, Clear Lake, Texas, comprising 
approximately 13 acres and including a light manufacturing facility, an 
avionics development facility, and an assembly and test building which 
shall be modified for use as a neutral buoyancy laboratory in support 
of human space flight activities.

SEC. 205. YELLOW CREEK FACILITY.

    Notwithstanding any other provision of law or regulation, the 
National Aeronautics and Space Administration (NASA) is authorized to 
convey, without reimbursement, to the State of Mississippi, all rights, 
title, and interest of the United States of the United States in the 
property known as the Yellow Creek Facility and consisting of 
approximately 1,200 acres near the city of Iuka, Mississippi, including 
all improvements thereon and any personal property owned by NASA that 
is currently located on-site and which the State of Mississippi 
requires to facilitate the transfer: Provided, That appropriated funds 
shall be used to effect this conveyance: Provided further, That 
$10,000,000 in appropriated funds otherwise available to NASA shall be 
transferred to the State of Mississippi to be used in the transition of 
the facility: Provided further, That each Federal agency with prior 
contact to the site shall remain responsible for any and all 
environmental remediation made necessary as a result of its activities 
on the site: Provided further, That in consideration of this 
conveyance, NASA may require such other terms and conditions as the 
Administrator deems appropriate to protect the interests of the United 
States: Provided further, That the conveyance of the site and the 
transfer of the funds to the State of Mississippi shall occur not later 
than 30 days after the date of enactment of this Act.

SEC. 206. RADAR REMOTE SENSING SATELLITES.

    (a) Findings.--The Congress finds that--
            (1) radar satellites represent one of the most important 
        developments in remote sensing satellite technology in recent 
        years;
            (2) the ability of radar satellites to provide high-quality 
        Earth imagery regardless of cloud cover and to provide three-
        dimensional pictures of the Earth's surface when the satellites 
        are flown in combination dramatically enhance conventional 
        optical remote sensing satellite capabilities and usefulness;
            (3) the National Aeronautics and Space Administration has 
        developed a unique background and expertise in developing and 
        operating radar satellites as a result of their activities 
        connected with its radar satellites, Shuttle Imaging Radar 
        (SIR)-A, SIR-B, and SIR-C, which has flown twice on the Space 
        Shuttle;
            (4) other nations currently have operational radar 
        satellite systems, including Japan and Western Europe, with 
        other spacefaring nations expected to develop such systems in 
        the near future; and
            (5) the development of an operational radar satellite 
        program at NASA featuring free-flying satellites and a related 
        ground system is critical to maintain United States leadership 
        in remote sensing satellite technology and is important to our 
        national security and international competitiveness.
    (b) Policy.--It is the policy of the United States that--
            (1) NASA should develop and operate a radar satellite 
        program as soon as practicable;
            (2) NASA should build on the experience and knowledge 
        gained from its previous radar endeavors;
            (3) NASA should work with other Federal agencies and, as 
        appropriate, with other spacefaring nations, in its radar 
        satellite activities; and
            (4) NASA should make maximum use of existing National 
        remote sensing assets such as the Landsat system, activities 
        connected with the Mission to Planet Earth, and the data 
        management facilities of the Department of the Interior in all 
        of its radar satellite activities.
    (c) Program Requirements.--NASA shall initiate a program to develop 
and operate a radar satellite program. The program shall employ the 
most advanced radar satellite technology currently available. To the 
maximum extent possible, all of the data processing, dissemination, and 
archiving functions shall be performed by the Department of the 
Interior. The program should be planned in such a way that the data 
from the radar satellite system are converted into a broad range of 
informational products with research, commercial, and government 
applications and any other applications that are in the public interest 
and that such products are distributed over the widest user community 
that is practicable, including industry, academia, research 
institutions, local and State governments, and other Federal agencies. 
The program should coordinate with, and make appropriate use of, other 
remote sensing satellite programs, such as the Landsat program.
    (d) Plan.--Within 90 days after the enactment of this Act, the 
Administrator shall submit a detailed plan for implementation of the 
radar satellite program to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science of the House 
of Representatives. The plan should include--
            (1) the goals and mission of the program;
            (2) planned activities for the next 5 years to achieve such 
        goals and mission;
            (3) strategies for maximizing the usefulness of the 
        satellite data to the scientific and academic communities, the 
        private sector, all levels of government, and the general 
        public;
            (4) concepts for integrating the program with other related 
        NASA activities (such as Mission to Planet Earth), the Landsat 
        program, and other current and emerging remote sensing 
        satellite programs and activities in the Federal government and 
        all other public and private sectors so that the program 
        complements and strengthens such programs and activities and is 
        not duplicative of these efforts;
            (5) concepts developed in consultation with Department of 
        the Interior, for processing, archiving, and disseminating the 
        satellite data using, to the maximum extent possible, existing 
        Federal government programs and assets at the Department of the 
        Interior and other Federal agencies;
            (6) targets and timetables for undertaking specific 
        activities and actions within the program;
            (7) a 5-year budget profile for the program; and
            (8) a comparison between the program and the radar 
        satellite programs of other spacefaring nations, addressing 
        their respective costs, capabilities, and other relevant 
        features.
    (e) Authorization.--Of the funds authorized in section 102 for the 
Earth Probes account, the Administrator shall allocate at least 
$15,000,000 to the radar satellite program to conduct Phase A and Phase 
B studies.

SEC. 207. STUDY OF THE HYDROLOGY OF THE UPPER MISSOURI RIVER BASIN.

    The Administrator is authorized to initiate a project to conduct 
research on the hydrology of the Upper Missouri River Basin. The 
project shall be part of the Mission to Planet Earth program and shall 
employ satellite observations, surface-based radar data, and ground-
based hydrological and other scientific measurements to develop 
quantitative models that address complex atmospheric and surface 
hydrological processes. If initiated, the project shall be incorporated 
into NASA's activities connected with the multiagency Global Energy and 
Water Cycle Experiment to understand the interactions between the 
atmosphere and land surfaces. In implementing the project, NASA shall 
coordinate and consult with other appropriate federal agencies, 
including the Department of Commerce, the Department of the Interior, 
and the National Science Foundation. To the maximum extent possible, 
NASA shall employ the assistance of universities, local and State 
governments, industry, and any other appropriate entities from the 
Upper Missouri River Basin region to carry out this program and the 
Administrator is authorized to support the project-related work of such 
entities with grants, technical advice, equipment, in-kind help, and 
any other type of appropriate assistance. If this project is initiated, 
then within 90 days after the enactment of this Act, the Administrator 
shall submit a plan for the implementation of this project, which shall 
set forth the goals, project costs, planned activities, and overall 
strategies for the project, to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science of the House 
of Representatives. Of the funds authorized in section 102 for Mission 
to Planet Earth, at least $10,000,000 shall be allocated by the 
Administrator to the Upper Missouri River Basin project.

SEC. 208. SHUTTLE PRIVATIZATION.

    (a) The Administrator is hereby directed to conduct a study of the 
feasibility of implementing the recommendation of the Independent 
Shuttle Management Review Team that NASA transition towards the 
privatization of the Shuttle. The study shall identify, discuss, and, 
where possible, present options for resolving, the major policy and 
legal issues that must be addressed before the Shuttle is privatized, 
including, but not limited to, the following issues--
            (1) whether the government or the Shuttle contractor should 
        own the Shuttle orbiters and Shuttle ground facilities;
            (2) whether the federal government should indemnify the 
        contractor for any third party liability arising from Shuttle 
        operations, and, if so, under what terms and conditions;
            (3) whether commercial payloads should be allowed to be 
        launched on the Shuttle and whether any classes of payloads 
        should be made ineligible for launch consideration;
            (4) whether NASA and federal government payloads should 
        have priority over non-federal government payloads in the 
        Shuttle launch assignments and what policies should be 
        developed to prioritize among payloads generally;
            (5) whether the public interest requires that certain 
        Shuttle functions continue to be performed by the federal 
        government; and
            (6) whether privatization of the Shuttle would produce any 
        significant cost savings and, if so, how much cost savings.
    (b) Within 60 days of the enactment of this Act, NASA shall 
complete the study and shall submit a report on that study to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science of the House of Representatives.
    (c) As a transitional step towards Shuttle privatization, NASA 
shall take all necessary and appropriate actions to consolidate Shuttle 
contractor activities under one prime contractor and, within 180 days 
of the enactment of this Act, report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives on those actions. If NASA has failed to 
complete such consolidation by the expiration of the 180-day period, 
the report shall explain the reasons for that failure and describe the 
steps being taken by NASA to finalize the consolidation as 
expeditiously as possible.

SEC. 209. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--The Administrator may use funds appropriate 
for purposes other than those appropriated for--
            (1) construction of facilities;
            (2) research and program management, excluding research 
        operations support; and
            (3) Inspector General,
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 for which such funds are 
appropriated.
    (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 $750,000, until 30 days have passed after the 
Administrator has notified the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate of the nature, location, and estimated 
cost to the National Aeronautics and Space Administration of such 
project.

SEC. 210. CONSTRUCTION OF FACILITIES.

    (a) Reprogramming for Construction of Facilities.--If the 
Administrator determines that--
            (1) new developments in the national program of 
        aeronautical and space activities have occurred;
            (2) such developments require the use of additional funds 
        for the purpose of construction, expansion, or modification of 
        facilities at any location; and
            (3) deferral of such action until the enactment of the next 
        National Aeronautics and Space Administration authorization Act 
        would be inconsistent with the interest of the Nation in 
        aeronautical and space sciences;
the Administrator may use the amounts authorized for construction of 
facilities pursuant to this Act or previous National Aeronautics and 
Space Administration authorization Acts for such purposes. The amounts 
may be used to acquire, construct, convert, rehabilitate, or install 
temporary or permanent public works, including land acquisition, site 
preparation, appurtenances, utilities, and equipment. The Administrator 
may use such amounts for facility consolidations, closures, and 
demolition required to downsize the NASA physical plant to improve 
operations and reduce costs.
    (c) Limitations.--
            (1) Amounts appropriated for a construction-of-facilities 
        project--
                    (A) may be varied upward by 10 percent at the 
                discretion of the Administrator; or
                    (B) 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 of the House of Representatives. 
                The aggregate amount authorized to be appropriated for 
                construction of facilities shall not be increased as a 
                result of actions authorized under this section.
            (2) No amounts may be obligated for a construction-of-
        facilities project until a period of 30 days has passed after 
        the Administrator or the Administrator's designee has 
        transmitted to the Committee on Science of the House of 
        Representatives, and to the Committee on Commerce, Science, and 
        Transportation of the Senate, a written report describing the 
        nature of the acquisition, construction, conversion, 
        rehabilitation, or installation, its cost, and the reasons 
        therefor.
    (d) 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. 211. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

SEC. 212. CONSIDERATION BY COMMITTEES.

    Notwithstanding any other provision of this Act--
            (1) no amount appropriated pursuant to this Act may be used 
        for any program deleted by the Congress from requests as 
        originally made to either the Committee on Science of the House 
        of Representatives or the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) no amount appropriated pursuant to the Act may be used 
        for any program in excess of the amount actually authorized for 
        that particular program, excluding construction-of-facility 
        projects,
unless a period of 30 days has passed after the receipt by such 
Committee of notice given by the Administrator or the Administrator's 
designee containing a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied upon in 
support of the proposed action. NASA shall keep those Committees fully 
and currently informed with respect to all activities and 
responsibilities within their jurisdiction. Except as otherwise 
provided by law, any Federal department, agency, or independent 
establishment shall furnish any information requested by either such 
Committee relating to any activity or responsibility.

SEC. 213. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

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

SEC. 214. REPORTING REQUIREMENTS.

    (a) Reporting Period.--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 ``May''; and
            (2) by striking ``calendar'' and inserting ``fiscal''.
    (b) Protection of Commercially Valuable Information.--Section 303 
of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2454) is 
amended by adding at the end the following:
    ``(c)(1) The Administrator may delay, for a period not to exceed 5 
years, the unrestricted public disclosure of technical data, related to 
a competitively sensitive technology, in the possession of, or under 
the control of, the Administration that has been generated in the 
performance of experimental, developmental, or research activities or 
programs conducted by, or funded in whole or in part by, the 
Administration, if the technical data has significant value in 
maintaining leadership or competitiveness, in civil and governmental 
aeronautical and space activities by the United States industrial base.
    ``(2) The Administrator shall publish biannually in the Federal 
Register a list of all competitively sensitive technology areas which 
it believes have a significant value in maintaining the United States 
leadership or competitiveness in civil and governmental aeronautical 
and space activities. The list shall be generated after consultation 
with appropriate Government agencies and a diverse cross section of 
companies--
            ``(A) that conduct a significant level of research, 
        development, engineering, and manufacturing in the United 
        States; and
            ``(B) the majority ownership or control of which is held by 
        United States citizens.
    ``(3) The Administrator shall provide an opportunity for written 
objections to the list within a 60-day period after it is published. 
After the expiration of that 60-day period, and after consideration of 
all written objections received by the Administrator during that 
period, NASA shall issue a final list of competitively sensitive 
technology areas.
    ``(4) For purposes of this subsection, the term `technical data' 
means any recorded information, including computer software, that is or 
may be directly applicable to the design, engineering, development, 
production, manufacture, or operation of products or processes that may 
have significant value in maintaining leadership or competitiveness in 
civil and governmental aeronautical and space activities by the United 
States industrial base.''.

SEC. 215. INDEPENDENT RESEARCH AND DEVELOPMENT.

    The Congress finds that it is appropriate for costs contributed by 
a contractor under a cooperative agreement with the National 
Aeronautics and Space Administration to be considered as allowable 
independent research and development costs, for purposes of section 
31.205-18 of the Federal Acquisition Regulations if the work performed 
would have been allowable as contractor independent research and 
development costs had there been no cooperative agreement. The 
Administration shall seek a revision to that section of the Federal 
Acquisition Regulations to reflect the intent of the Congress expressed 
in the preceding sentence.

SEC. 216. RESTRUCTURING OF THE EARTH OBSERVING SYSTEM DATA AND 
              INFORMATION SYSTEM.

    The Administrator is prohibited from restructuring or downscaling 
the baseline plan for the Earth Observing System Data and Information 
System in place at the time of the President's budget submission for 
NASA for fiscal year 1996 unless, 60 days before undertaking such 
action, the Administrator has submitted to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives a written report containing--
            (1) a detailed description of the planned agency action;
            (2) the reasons and justifications for such action;
            (3) an analysis of the cost impact of such action;
            (4) an analysis of the impact of the action on the 
        scientific benefits of the program and the effect of the action 
        on the expected applications of the satellite data from the 
        System in such areas as global climate research, land-use 
        planning, state and local government management, mineral 
        exploration, agriculture, forestry, national security, and any 
        other areas that the Administrator deems appropriate;
            (5) an analysis of the impact of the action on the United 
        States Global Climate Change Research program and international 
        global climate change research activities; and
            (6) an explanation of what measures, if any, are planned by 
        NASA to compensate for any likely reductions in the scientific 
        value and data collection, processing, and distribution 
        capabilities of the System as a result of the action.

           TITLE III--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS

SEC. 301. AMENDMENT OF TITLE 49.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 302. AMENDMENT OF SECTION 70101.

    Section 70101 (relating to findings and purposes) is amended--
            (1) by inserting ``microgravity research,'' after 
        ``information services,'' in subsection (a)(3);
            (2) by inserting ``commercial space transportation 
        services, including in-space transportation activities and'' 
        after ``providing'' in subsection (a)(4);
            (3) by striking ``commercial launch vehicles'' in 
        subsection (a)(5) and inserting ``commercial space 
        transportation including commercial launch vehicles, in-space 
        transportation activities, reentry vehicles,'';
            (4) by striking ``launch'' in subsection (a)(6) and 
        inserting ``launch, in-space transportation, and reentry'';
            (5) by striking ``launches'' each place it appears in 
        subsection (a)(7) and inserting ``launches, in-space 
        transportation activities, reentries'' after ;
            (6) by striking ``sites and complementary facilities, the 
        providing of launch'' in subsection (a)(8) and inserting 
        ``sites, in-space transportation control sites, reentry sites, 
        and complementary facilities, the providing of launch, in-space 
        transportation, and reentry'';
            (7) by inserting ``in-space transportation control sites, 
        reentry sites,'' after ``launch sites,'' in subsection (a)(9);
            (8) by striking ``launch vehicles'' in subsection (b)(2) 
        and inserting ``commercial space transportation services, 
        including launch vehicles, in-space transportation activities, 
        reentry vehicles,'';
            (9) by striking ``launch'' the first place it appears in 
        subsection (b)(3) and inserting ``launch, in-space 
        transportation vehicle, and reentry'';
            (10) by striking ``commercial launch'' the second place it 
        appears in subsection (b)(3); and
            (11) by inserting ``in-space transportation vehicle control 
        facilities, and development of reentry sites'' after 
        ``facilities,'' in subsection (b)(4).

SEC. 303. AMENDMENT OF SECTION 70102.

    Section 70102 (relating to definitions) is amended--
            (1) by inserting ``from Earth, including a reentry vehicle 
        and its payload, if any'' after ``and any payload'' in 
        paragraph (3);
            (2) by striking ``object'' the first place it appears in 
        paragraph (8) and inserting ``object, including a reentry 
        vehicle and its payload, if any,'';
            (3) by redesignating paragraphs (9) through (12) as 
        paragraphs (16) through (19), respectively;
            (4) by inserting after paragraph (8) the following:
            ``(9) `in-space transportation vehicle' means any vehicle 
        designed to operate in space and designed to transport any 
        payload or object substantially intact from one orbit to 
        another orbit.
            ``(10) `in-space transportation services' means--
                    ``(A) those activities involved in the direct 
                transportation or attempted transportation of a payload 
                or object from one orbit to another;
                    ``(B) the procedures, actions, and activities 
                necessary for conduct of those transportation services; 
                and
                    ``(C) the conduct of transportation services.
            ``(11) `in-space transportation control site' means a 
        location from which an in-space transportation vehicle is 
        controlled or operated (as such terms may be defined in any 
        license the Secretary issues or transfers under this chapter).
            ``(12) `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.
            ``(13) `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.
            ``(14) `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).
            ``(15) `reentry vehicle' means any vehicle designed to 
        return substantially intact from Earth orbit or outer space to 
        Earth.'';
            (5) by striking ``launch'' each place it appears in 
        paragraph (18), as redesignated and inserting ``launch 
        services, in-space transportation activities, or reentry''.

SEC. 304. AMENDMENT OF SECTION 70103.

    Section 70103(b) (relating to facilitating commercial launches) is 
amended--
            (1) by striking ``launches'' in the caption and inserting 
        ``space activities'';
            (2) by striking ``commercial space launches'' in paragraph 
        (1) and inserting ``commercial space transportation services''; 
        and
            (3) by striking ``a space launch'' in subsection (b)(2) and 
        inserting ``space transportation''.

SEC. 305. AMENDMENT OF SECTION 70104.

    Section 70104 (relating to restrictions on launches and operations) 
is amended--
            (1) by striking the section caption and inserting the 
        following:
``Restrictions on launches, in-space transportation activities, 
              operations, and reentries'';
            (2) by striking ``site'' each place it appears in 
        subsection (a) and inserting ``site, an in-space transportation 
        operations site, reentry site, or reenter a reentry vehicle,'';
            (3) by striking ``launch or operation'' in subsections (a) 
        (3) and (4) and inserting ``launch, in-space transportation 
        activity, or reentry operation'';
            (4) by striking subsection (b) and inserting the following:
    ``(b) Compliance with Payload Requirements.--The holder of a 
license under this chapter may launch a payload, operate an in-space 
transportation vehicle, or reenter a payload only if the payload or 
vehicle complies with all requirements of the laws of the United States 
related to launching a payload, operating an in-space transportation 
vehicle, or reentering a payload.'';
            (5) by striking the caption of subsection (c) and inserting 
        the following: ``(c) Preventing Launches, in-space 
        transportation activities, or Reentries.--''; and
            (6) by striking ``launch'' each place it appears in 
        subsection (c) and inserting ``launch, in-space transportation 
        activity, or reentry''.

SEC. 306. AMENDMENT OF SECTION 70105.

    Section 70105 (relating to license applications and requirements) 
is amended--
            (1) by striking ``site'' in subsection (b)(1) and inserting 
        ``site, an in-space transportation control site, or a reentry 
        site or the reentry of a reentry vehicle,''; and
            (2) by striking ``or operation'' and inserting in lieu 
        thereof ``, in-space transportation activity, operation, or 
        reentry'' in subsection (b)(2)(A).

SEC. 307. AMENDMENT OF SECTION 70106.

    Section 70106(a) (relating to monitoring activities general 
requirements) is amended--
            (1) by striking ``launch site'' and inserting ``launch 
        site, in-space transportation control site, or reentry site'';
            (2) by inserting ``in-space transportation vehicle, or 
        reentry vehicle,'' after ``launch vehicle,'' and
            (3) by striking ``vehicle.'' and inserting ``vehicle, in-
        space transportation vehicle, or reentry vehicle.''.

SEC. 308. AMENDMENT OF SECTION 70108.

    Section 70108 (relating to prohibition, suspension, and end of 
launches and operation of launch sites) is amended--
            (1) by striking the section caption and inserting the 
        following:
``Prohibition, suspension, and end of launches, in-space transportation 
              activities, reentries, or operation of launch sites, in-
              space transportation control sites, or reentry sites'';
        and
            (2) by striking ``site'' in subsection (a) and inserting 
        ``site, in-space transportation control site, in-space 
        transportation activity, or reentry site, or reentry of a 
        reentry vehicle,''; and
            (3) by striking ``launch or operation'' in subsection (a) 
        and inserting ``launch, in-space transportation activity, 
        operation, or reentry''.

SEC. 309. AMENDMENT OF SECTION 70109.

    (a) Caption.--The section caption of section 70109 (relating to 
preemption of scheduled launches) is amended to read as follows:
``Preemption of scheduled launches, in-space transportation activities, 
              or reentries''.
    (b) Amendment of Subsection (a).--Subsection (a) is amended--
            (1) by inserting ``or reentry'' after ``ensure that a 
        launch'';
            (2) by striking ``site'' in the first sentence and 
        inserting ``site, reentry site,'';
            (3) by inserting ``nor shall an in-space transportation 
        activity or operation be preempted,'' after ``launch 
        property,'' in the first sentence;
            (4) by inserting ``or reentry date commitment'' after 
        ``launch date commitment'';
            (5) by inserting ``or reentry'' after ``obtained for a 
        launch'';
            (6) by striking ``site'' in the second sentence and 
        inserting ``site, reentry site,'';
            (7) by striking ``services'' in the second sentence and 
        inserting ``services, or services related to a reentry,'';
            (8) by inserting ``or reentry'' after ``the scheduled 
        launch''; and
            (9) by adding at the end thereof the following: ``A 
        licensee or transferee preempted from access to a reentry site 
        does not have to pay the Government agency responsible for the 
        preemption any amount for reentry services attributable only to 
        the scheduled reentry prevented by the preemption.''.
    (c) Amendment of Subsection (c).--Subsection (c) is amended by 
inserting ``or reentry'' after ``prompt launching'' in subsection (c).

SEC. 310. AMENDMENT OF SECTION 70110.

    Section 70110 (relating to administrative hearings and judicial 
review) is amended--
            (1) by striking ``launch'' in subsection (a)(2) and 
        inserting ``launch, in-space transportation activity, or 
        reentry''; and
            (2) by striking ``site'' in subsection (a)(3)(B) and 
        inserting ``site, in-space transportation control site, in-
        space transportation activity, reentry site, or reentry of a 
        reentry vehicle,''.

SEC. 311. AMENDMENT OF SECTION 70111.

    Section 70111 (relating to acquiring United States Government 
property and services) is amended--
            (1) by inserting ``in-space transportation activities, or 
        reentry services'' after ``launch services,'' in subsection 
        (a)(1)(B);
            (2) by striking ``services'' in subsection (a)(2) and 
        inserting ``services, in-space transportation activities, or 
        reentry services'';
            (3) by inserting ``or reentry'' after ``launch'' in 
        subsection (a)(2)(A);
            (4) by inserting ``or reentry'' after ``launch'' the first 
        place it appears in subsection (a)(2)(B);
            (5) by striking ``launch'' each place it appears in 
        subsection (b)(1) and inserting ``launch, in-space 
        transportation activity, or reentry'';
            (6) by striking ``services'' the first place it appears in 
        subsection (b)(2)(C) and inserting ``services, in-space 
        transportation activities or services, or reentry services''; 
        and
            (7) by striking subsection (d) and inserting the following:
    ``(d) Collection by Other Governmental Heads.--The head of a 
department, agency, or instrumentality of the Government may collect a 
payment for any activity involved in producing a launch vehicle, in-
space transportation vehicle, or reentry vehicle or its payload for 
launch, in-space transportation activity, or reentry if the activity 
was agreed to by the owner or manufacturer of the launch vehicle, in-
space transportation vehicle, reentry vehicle, or payload.''.

SEC. 312. AMENDMENT OF SECTION 70112.

    Section 70112 (relating to liability insurance and financial 
responsibility requirements) is amended--
            (1) by inserting ``one reentry, or to the operations of 
        each in-space transportation vehicle'' after ``launch,'' in 
        subsection (a)(3);
            (2) by inserting ``in-space transportation activities, or 
        reentry services,'' after ``launch services,'' each place it 
        appears in subsections (a)(4) and (b)(2);
            (3) by striking ``services'' in subsection (b)(1) and the 
        third place it appears in subsection (b)(2) and inserting 
        ``services, in-space transportation activities, or reentry 
        services,'';
            (4) by inserting ``applicable'' after ``carried out under 
        the'' in subsections (b)(1) and (2);
            (5) by striking ``Science, Space, and Technology'' in 
        subsection (d) and inserting ``Science'';
            (6) by striking ``Launches'' in the caption of subsection 
        (e) and inserting ``Launches, In-space Transportation 
        Activities, or Reentries''; and
            (7) by striking ``site'' in subsection (e) and inserting 
        ``site, in-space transportation control site, or control of an 
        in-space transportation vehicle or activity, or reentry site or 
        a reentry''.

SEC. 313. AMENDMENT OF SECTION 70113.

    Section 70113 (relating to paying claims exceeding liability 
insurance and financial responsibility requirements) is amended by 
striking ``launch'' each place it appears in subsections (a)(1), 
(d)(1), and (d)(2) and inserting ``launch, operation of one in-space 
transportation vehicle, or one reentry''.

SEC. 314. AMENDMENT OF SECTION 70115.

    Section 70115(b)(1)(D)(i) (relating to enforcement and penalty 
general authority) is amended--
            (1) by inserting ``in-space transportation control site, or 
        reentry site,'' after ``launch site,'';
            (2) by inserting ``in-space transportation vehicle, or 
        reentry vehicle'' after ``launch vehicle,''; and
            (3) by striking ``vehicle'' the second place it appears and 
        inserting ``vehicle, in-space transportation vehicle, or 
        reentry vehicle''.

SEC. 315. AMENDMENT OF SECTION 70117.

    Section 70117 (relating to relationship to other executive 
agencies, laws, and international obligations) is amended--
            (1) by striking ``vehicle or operate a launch site.'' in 
        subsection (a) and inserting ``vehicle, operate a launch site, 
        perform in-space transportation activities or operate an in-
        space transportation control site or reentry site, or reenter a 
        reentry vehicle.'';
            (2) by striking ``launch'' in subsection (d) and inserting 
        ``launch, perform an in-space transportation activity, or 
        reentry'';
            (3) by striking subsections (f) and (g), and inserting the 
        following:
    ``(f) Launch Not an Export or 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 for purposes of a law 
controlling exports or imports.
    ``(g) Nonapplication.--This chapter does not apply to--
            ``(1) a launch, in-space transportation activity, reentry, 
        operation of a launch vehicle, in-space transportation vehicle, 
        or reentry vehicle, or of a launch site, in-space 
        transportation control site, or reentry site, or other space 
        activity the Government carries out for the Government; or
            ``(2) planning or policies related to the launch, in-space 
        transportation activity, reentry, or operation.''.

SEC. 316. REPORT TO CONGRESS.

    Chapter 701 is amended by adding at the end thereof the following 
new section:
``Sec. 70120. Report to Congress
    ``The Secretary of Transportation shall submit to Congress an 
annual report to accompany the President's budget request that--
            ``(1) describes all activities undertaken under this 
        chapter, including a description of the process for the 
        application for and approval of licenses under this chapter and 
        recommendations for legislation that may further commercial 
        launches and reentries; and
            ``(2) reviews the performance of the regulatory activities 
        and the effectiveness of the Office of Commercial Space 
        Transportation.''.

SEC. 317. AMENDMENT OF TABLE OF SECTIONS.

    The table of sections for chapter 701 of title 49, United States 
Code, is amended--
            (1) by amending the item relating to section 70104 to read 
        as follows:

``70104. Restrictions on launches, in-space transportation activities, 
                            operations, and reentries.'';
            (2) by amending the item relating to section 70108 to read 
        as follows:

``70108. Prohibition, suspension, and end of launches, in-space 
                            transportation activities, reentries, or 
                            operation of launch sites, in-space 
                            transportation control sites, or reentry 
                            sites.'';
            (3) by amending the item relating to section 70109 to read 
        as follows:

``70109. Preemption of scheduled launches, in-space transportation 
                            activities, or reentries.'';
        and
            (4) by adding at the end the following new item:

``70120. Report to Congress.''.

SEC. 318. REGULATIONS.

    The Secretary of Transportation shall issue regulations under 
chapter 701 of title 49, United States Code, 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.

SEC. 319. SPACE ADVERTISING.

    (a) Definition.--Section 70102, as amended by section 303, is 
amended by redesignating paragraphs (12) through (19) as (13) through 
(20), respectively, and by inserting after paragraph (11) the following 
new paragraph:
            ``(12) `obtrusive space advertising' means advertising in 
        outer space that is capable of being recognized by a human 
        being on the surface of the earth without the aid of a 
        telescope or other technological device;''.
    (b) Prohibition.--Chapter 701 is amended by inserting after section 
70109 the following new section:
``Sec. 70109a. Space advertising
    ``(a) Licensing.--Notwithstanding the provisions of this chapter or 
any other provision of law, the Secretary shall not--
            ``(1) issue or transfer a license under this chapter; or
            ``(2) waive the license requirements of this chapter;
for the launch of a payload containing any material to be used for the 
purposes of obtrusive space advertising.
    ``(b) Launching.--No holder of a license under this chapter may 
launch a payload containing any material to be used for purposes of 
obtrusive space advertising on or after the date of enactment of the 
National Aeronautics and Space Administration Authorization Act, Fiscal 
Year 1996.
    ``(c) Commercial Space Advertising.--Nothing in this section shall 
apply to nonobtrusive commercial space advertising, including 
advertising on commercial space transportation vehicles, space 
infrastructure, payloads, space launch facilities, and launch support 
facilities.''.
    (c) Negotiation With Foreign Launching Nations.--
            (1) 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 obtrusive 
        space advertising purposes.
            (2) It is the sense of Congress that the President should 
        take such action as is appropriate and feasible to enforce the 
        terms of any agreement to prohibit the use of outer space for 
        obtrusive space advertising purposes.
            (3) As used in this subsection, the term ``foreign 
        launching nation'' means a nation--
                    (A) which launches, or procures the launching of, a 
                payload into outer space; or
                    (B) from whose territory or facility a payload is 
                launched into outer space.
    (d) Clerical Amendment.--The table of sections for chapter 701 is 
amended by inserting the following after the item relating to section 
70109:

``70109a. Space advertising.''.

            Passed the Senate October 19 (legislative day, October 18), 
      1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1048

_______________________________________________________________________

                                 AN ACT

   To authorize appropriations for fiscal year 1996 to the National 
 Aeronautics and Space Administration for human space flight; science, 
 aeronautics, and technology; mission support; and Inspector General; 
                        and for other purposes.

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