[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1839 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1839

   To authorize appropriations for fiscal year 1997 to the National 
 Aeronautics and Space Administration for human space flight; science, 
 aeronautics, and technology; mission support; and Inspector General; 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1996

 Mr. Pressler (for himself, Mr. Burns, and Mr. Stevens) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriations for fiscal year 1997 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 1997''.

SEC. 2. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. HUMAN SPACE FLIGHT.

    The following amounts are authorized to be appropriated to NASA for 
the following programs, which amounts shall become available October 1, 
1996:
            (1) Space Station, $1,802,000,000.
            (2) United States/Russian cooperation, $138,200,000.
            (3) Space Shuttle, $3,142,600,000.
            (4) Payload and utilization operations, $271,800,000.
            (5) Construction of facilities relating to such programs, 
        $8,300,000, including the following:
                    (A) Replacement of LC-39 Pad B Chillers (KSC), 
                $1,800,000;
                    (B) Restoration of Pad B Fixed Support Structure 
                Elevator System (KSC), $1,500,000,
                    (C) Rehabilitation of 480V Electrical Distribution 
                System, Kennedy Space Center, External Tank 
                Manufacturing Building (MAF), $2,500,000; and
                    (D) Restoration of High Pressure Industrial Water 
                Plant, Stennis Space Center, $2,500,000.

SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    The following amounts are authorized to be appropriated to NASA for 
the following programs, which amounts shall become available October 1, 
1996:
            (1) Space science, $1,797,700,000.
            (2) Life and microgravity sciences and applications, 
        $498,500,000.
            (3) Mission to Planet Earth, $1,402,100,000.
            (4) Aeronautical research and technology, $857,800,000.
            (5) Space Access and technology, $683,000,000.
            (6) Academic programs, $100,800,000, of which $2,000,000 
        shall be for the Upper Plains States Science Education and 
        Outreach Center.
            (7) Mission communication services, $420,600,000.

SEC. 103. MISSION SUPPORT.

    The following amounts are authorized to be appropriated to NASA for 
the following programs, which amounts shall become available October 1, 
1996:
            (1) Safety, reliability, and quality assurance, 
        $36,700,000.
            (2) Space communication services, $291,400,000.
            (3) Construction of facilities (including land acquisition) 
        including the following:
                    (A) Modernization of Electrical Distribution 
                System, Ames Research Center, $2,400,000.
                    (B) Modification of Aircraft Ramp and Tow Way, 
                Dryden Flight Research Center, $3,000,000.
                    (C) Restoration of Hangar Building 4801, Dryden 
                Flight Research Center, $4,500,000.
                    (D) Modernization of Secondary Electrical Systems, 
                Goddard Space Flight Center, $1,500,000.
                    (E) Restoration of Chilled Water Distribution 
                System, Goddard Space Flight Center, $4,000,000.
                    (F) Modification of Refrigeration Systems, Various 
                Buildings, Jet Propulsion Laboratory, $2,800,000.
                    (G) Rehabilitation of Utility Tunnel Structure and 
                Systems, Johnson Space Center, $2,600,000.
                    (H) Rehabilitation of Utility Tunnel Structure and 
                System, Johnson Space Center, $4,400,000.
                    (I) Replacement of DX Units with Central Chilled 
                Water System, Logistics Facility, Kennedy Space Center, 
                $1,800,000.
                    (J) Rehabilitation of Central Air Equipment 
                Building, Lewis Research Center, $6,500,000.
                    (K) Modification of Chilled Water System, Marshall 
                Space Flight Center, $6,700,000.
                    (L) Rehabilitation of Condenser Water system, 202/
                207 Complex, (MAF), $2,100,000.
                    (M) Minor Revitalization of Facilities at Various 
                Locations not in excess of $1,500,000 per project, 
                $57,900,000.
                    (N) Minor construction of new facilities and 
                additions to existing facilities at various locations, 
                not in excess of $1,500,000 per project, $3,400,000.
                    (O) Facility planning and design, not otherwise 
                provided for, $18,700,000.
                    (P) Environmental compliance and restoration, 
                $33,000,000.
            (4) Research and program management, $2,078,800,000.

SEC. 104. INSPECTOR GENERAL.

    There are authorized to be appropriated to NASA for its Office of 
Inspector General, $17,000,000, which shall become available October 1, 
1996.

              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 authorized under section 102 for Academic Programs, 
the Administrator shall allocate at least $10,000,000 for the 
Experimental Program to Stimulate Competitive Research.

SEC. 203. 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 commercially 
available for export. To the maximum extent possible, all of the data 
processing, dissemination, and archiving functions shall be performed 
by the United States Geological Survey of the Department of the 
Interior and the Alaska Synthetic Aperture Radar Facility. 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 
Space Access and Technology account, the Administrator shall allocate 
at least $35,000,000 to the radar satellite program to conduct Phase A 
and Phase B studies and any subsequent development and operational 
activities.

SEC. 204. 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 and prohibited from implementing any plan to 
transfer data management responsibility from the Data Active Archiving 
Centers to other entities 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.

SEC. 205. RURAL AEROSPACE CONSORTIA TO DEVELOP APPLICATIONS FOR MISSION 
              TO PLANET EARTH DATA.

    (a) Hydrology Studies.--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 the 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 $5,000,000 shall be allocated by the 
Administrator to the Upper Missouri River Basin project.
    (b) Upper Midwest Aerospace Consortium.--For fiscal year 1997, 
there are authorized within the Mission to Planet Earth account 
$5,000,000 for the Upper Midwest Aerospace Consortium to carry out 
ongoing and planned activities to make information derived from Mission 
to Planet Earth data available to the general public.

SEC. 206. ACQUISITION OF EARTH REMOTE SENSING DATA.

    (a) Acquisition.--The Administrator is authorized, where feasible 
and cost effective, to make acquisitions of space-based and airborne 
Earth remote sensing data, services, distribution, and applications 
provided by the United States private sector to meet Government goals 
for Mission to Planet Earth if such acquisitions fully satisfy the 
scientific requirements of NASA.
    (b) Administration.--This section shall be carried out as part of 
the Commercial Remote Sensing Program at the Stennis Space Center.
    (c) Availability of Funds.--Upon the date of the enactment of this 
Act, of the funds available for Mission to Planet Earth, $50,000,000 
are authorized for the purposes of this section, to remain available 
until expended.

SEC. 207. SHUTTLE PRIVATIZATION.

    (a) In General.--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) Study and Report.--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.

SEC. 208. USE OF EXISTING FACILITIES.

    (a) In General.--When the Administrator considers the purchase, 
lease, or expansion of a facility to meet requirements of NASA, the 
Administrator shall--
            (1) consider whether there is available to the 
        Administrator for use for meeting such requirements--
                    (A) any military installation that is closed or 
                being closed;
                    (B) any facility at such an installation; or
                    (C) any other facility, of which the Administrator 
                is aware, that is--
                            (i) owned or leased by the United States 
                        for the use of another agency of the Federal 
                        Government; and
                            (ii) considered by that other agency--
                                    (I) to be excess to its needs; or
                                    (II) to be underutilized by it; and
            (2) in the case of an underutilized facility available in 
        part for the Administrator's use to meet the requirements, 
        consider locating the activity for which a facility is required 
        at the underutilized facility so as to share the use of the 
        facility with one or more other agencies of the Federal 
        Government.
    (b) Addition or Expansion.--To the maximum extent feasible and cost 
effective (and not inconsistent with the purposes of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2901 et seq.)), the 
Administrator shall meet the requirements of NASA for additional or 
expanded facilities by using facilities that--
            (1) are considered, under subsection (a), to be available 
        to the Administrator for use to meet such requirements; and
            (2) meet NASA's management needs.

SEC. 209. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--The Administrator may use funds appropriated 
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.
    (b) 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.
    (c) Title to Facilities.--If funds are used pursuant to subsection 
(a) for grants to institutions of higher education, or to nonprofit 
organizations whose primary purpose is the conduct of scientific 
research, for purchase or construction of additional research 
facilities, title to such facilities shall be vested in the United 
States unless the Administrator determines that the national program of 
aeronautical and space activities will best be served by vesting title 
in the grantee institution or organization. Each such grant shall be 
made under such conditions as the Administrator shall determine to be 
required to ensure that the United States will receive therefrom 
benefits adequate to justify the making of that grant.

SEC. 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) Elimination of Report.--Section 206 of the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2476(a)) is repealed.
    (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. REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS BASED ON 
              SUBSTANTIAL EVIDENCE OF FRAUD.

    Section 2307(h)(8) of title 10, United States Code, is amended by 
striking ``and (4)'' and inserting ``(4), and (6)''.

               TITLE III--EMPLOYMENT REDUCTION ASSISTANCE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``National Aeronautics and Space 
Administration Federal Employment Reduction Assistance Act of 1996''.

SEC. 302. DEFINITIONS.

    For purpose of this title--
            (1) Employee.--The term ``employee'' means an employee of 
        the National Aeronautics and Space Administration serving under 
        an appointment without time limitation, who has been currently 
        employed with NASA for a continuous period of at least 12 
        months, except that such term does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States 
                Code, or another retirement system for employees of the 
                Government;
                    (B) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (C) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (Public Law 103-226; 108 Stat. 111), would 
                qualify for a voluntary separation incentive payment 
                under section 3 of such Act; or
                    (D) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this title or any other authority and 
                has not repaid such payment.
            (2) Employment.--The term ``employment''--
                    (A) includes employment of any length or under any 
                type of appointment, but does not include employment 
                that is without compensation; and
                    (B) includes employment under a personal services 
                contract.

SEC. 303. INCENTIVE PAYMENT PROGRAM.

    In order to avoid or minimize the need for involuntary separations 
due to a reduction in force, installation closure, reorganization, 
transfer of function, or other similar action affecting the National 
Aeronautics and Space Administration, the Administrator shall establish 
a program under which separation pay, subject to the availability of 
appropriated funds, may be offered to encourage eligible employees to 
separate from service voluntarily (whether by retirement or 
resignation).

SEC. 304. INCENTIVE PAYMENTS.

    In order to receive a voluntary separation incentive payment, an 
employee must separate voluntarily (whether by retirement or 
resignation) during the period of time for which the payment of 
incentives has been authorized for the employee under the agency plan. 
Such separation payments--
            (1) shall be paid in a lump sum after the employee's 
        separation, and
            (2) shall be equal to the lesser of--
                    (A) an amount equal to the amount the employees 
                would be entitled to receive under section 5595(c) of 
                title 5, United States Code, if the employee were 
                entitled to payment under such section; or
                    (B) $25,000;
            (3) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Government 
        benefit;
            (4) shall not be taken into account for purposes of 
        determining the amount of any severance pay to which an 
        individual may be entitled under section 5595 of title 5, 
        United States Code, based on any other separation;
            (5) shall be considered payment for a voluntary separation; 
        and
            (6) shall be paid from the appropriations or funds 
        available for payment of the basic pay of the employee.

SEC. 305. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.

    (a) General Rule.--An individual who has received a voluntary 
separation incentive payment under this section and accepts any 
employment with the Government of the United States within 5 years 
after the date of the separation on which the payment is based shall be 
required to repay, prior to the individual's first day of employment, 
the entire amount of the incentive payment to NASA.
    (b) Executive Branch Waiver.--If the employment under subsection 
(a) is with an Executive agency (as defined by section 105 of title 5, 
United States Code), the United States Postal Service, or the Postal 
Rate Commission, the Director of the Office of Personnel Management 
may, at the request of the head of the agency, waive the repayment if 
the individual involved possesses unique abilities and is the only 
qualified applicant available for the position.
    (c) Legislative Branch Waiver.--If the employment under subsection 
(a) is with an entity in the legislative branch, the head of the entity 
or the appointing official may waive the repayment if the individual 
involved possesses unique abilities and is the only qualified applicant 
available for the position.
    (d) Judicial Branch Waiver.--If the employment under subsection (a) 
is with the judicial branch, the Director of the Administrative Office 
of the United States Courts may waiver the repayment if the individual 
involved possesses unique abilities and is the only qualified applicant 
available for the position.

SEC. 306. EFFECT OF SUBSEQUENT DISABILITY RETIREMENT.

    An employee who has received an incentive payment is ineligible to 
receive an annuity for reasons of disability under applicable 
regulations, unless the incentive payment is repaid.

SEC. 307. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND.

    (a) Percentage of Final Basic Pay.--In addition to any other 
payments which it is required to make under subchapter III of chapter 
83 or chapter 84 of title 5, United States Code, NASA shall remit to 
the Office of Personnel Management for deposit in the Treasury of the 
United States to the credit of the Civil Service Retirement and 
Disability Fund an amount equal to 15 percent of the final basic pay of 
each employee who is covered under subchapter III of chapter 83 or 
chapter 84 of title 5 to whom a voluntary separation incentive has been 
paid under this title.
    (b) Final Basic Pay Defined.--For the purpose of this section, the 
term ``final basic pay'', with respect to an employee, means the total 
amount of basic pay which would be payable for a year of service by 
such employee, computed using the employee's final rate of basic pay, 
and, if last serving on other than a full time basis, with appropriate 
adjustment therefor.

SEC. 308. REDUCTION OF AGENCY EMPLOYMENT LEVELS.

    (a) Reduction of Employment.--Total full time equivalent employment 
of NASA shall be reduced by one for each separation of an employee who 
receives a voluntary separation incentive payment under this title. The 
reduction will be calculated by comparing the agency's full time 
equivalent employment for the fiscal year in which the voluntary 
separation payments are made with the actual full time equivalent 
employment for the prior fiscal year.
    (b) Enforcement.--The Office of Management and Budget shall monitor 
and take appropriate action necessary to ensure that the requirements 
of this section are met.
    (c) Limitation.--The President shall take appropriate action to 
ensure that functions involving more than 10 full time equivalent 
employees are not converted to contracts by reason of this section, 
except in cases in which a cost comparison demonstrates such contracts 
would be to the advantage of the Government.
    (d) Waiver.--The provisions of subsections (a) and (c) of this 
section may be waived upon a determination by the President that--
            (1) the existence of a state of war or other national 
        emergency so requires; or
            (2) the existence of an extraordinary emergency which 
        threatens life, health, safety, property, or the environment so 
        requires.

SEC. 309. REPORTS.

    No later than March 31 of each fiscal year, NASA shall submit to 
the Office of Personnel Management, for transmission to the Committee 
on Commerce, Science, and Transportation, and the Committee on 
Governmental Affairs, of the Senate and the Committee on Commerce, and 
the Committee on Government Reform and Oversight of the House of 
Representatives, a report which, with respect to the preceding fiscal 
year, shall include--
            (1) the number of employees who received voluntary 
        separation incentives;
            (2) the average amount of such incentives; and
            (3) the average grade or pay level of the employees who 
        received incentives.

SEC. 310. EFFECTIVE DATE.

    (a) In General.--The provisions of this title shall take effect on 
the date of enactment of this Act.
    (b) Termination.--No voluntary separation incentive under this 
title may be paid based on the separation of an employee after 
September 30, 2000.

            TITLE IV--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS

SEC. 401. 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. 402. 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. 403. 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. 404. 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. 405. 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:
``Sec.  70104. 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. 406. 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. 407. 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. 408. 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:
``Sec.  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'';
        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. 409. AMENDMENT OF SECTION 70109.

    (a) Caption.--The section caption of section 70109 (relating to 
preemption of scheduled launches) is amended to read as follows:
``Sec.  70109. 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. 410. 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. 411. 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. 412. 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. 413. 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. 414. 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. 415. 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. 416. 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. 417. 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. 418. 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. 419. 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''.
                                 <all>