[Congressional Record Volume 140, Number 59 (Friday, May 13, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. AKAKA:
  S. 2115. A bill to amend the Federal Power Act to remove the 
jurisdiction of the Federal Energy Regulatory Commission to license 
projects on fresh waters in the State of Hawaii; to the Committee on 
Energy and Natural Resources.


     federal energy regulatory commission jurisdiction act of 1994

 Mr. AKAKA. Mr. President, today I am introducing legislation 
to terminate the Federal Energy Regulatory Commission's [FERC] 
jurisdiction to license hydropower projects on the fresh waters of the 
State of Hawaii.
  Hawaii's geographic isolation makes it unique. The Hawaiian islands 
are over 2,000 miles from the nearest land mass, making them the 
world's most isolated island chain.
  Hawaii's waterways are unique as well. In stark contrast to the long 
and mighty interstate rivers of the continental United States, Hawaii's 
streams are confined to individual islands. They are also short, 
narrow, and steep, running quickly off highly permeable volcanic 
slopes. For comparison purposes, the mean discharge of the Mississippi 
River at Vicksburg, MI is 19,633 times the mean annual flow of Hawaii's 
largest river, the Wailuku on the island of Hawaii. Hawaii has no 
interstate rivers, no navigable rivers that cross Federal lands, and no 
Federal dams. Hawaii's streams offer so little potential for generating 
hydropower that only one project has been constructed in the last 50 
years. This project was not subject to FERC licensing.
  Hawaii's streams are generally not navigable except for a few which 
have brief, navigable stretches near their mouths as they open to the 
sea. Where Hawaii's streams are navigable they are slow and meandering, 
and therefore not suitable for hydropower; in their upper reaches, 
where hydropower is feasible, the streams are non-navigable. Thus, 
there is no rational basis for FERC jurisdiction over the licensing of 
hydropower projects in Hawaii.
  Hawaii's surface water system is based upon riparianism, traditional 
Hawaiian taro cultivation called appurtenant rights, and traditional 
and customary gathering rights. It is dramatically different from that 
of other U.S. jurisdictions. Hawaii's streams are regulated by a 
stringent State Water Code which protects the environment, fish, and 
wildlife. Hawaii's permitting process takes environmental protection 
matters into full consideration, as is illustrated by the fact that 
such organizations as the Hawaii Audubon Society have gone on record in 
support of exempting Hawaii from FERC jurisdiction.
  This legislation would not be necessary but for a bizarre ruling in 
which the FERC, despite a finding that it had no jurisdiction under 
section 23(b) of the Federal Power Act, nonetheless granted a 
hydroelectric permit to a Hawaii applicant who voluntarily submitted to 
FERC jurisdiction. This logic-defying decision by the FERC, clearly 
inconsistent with its earlier ruling, astonished officials of the State 
of Hawaii, who view it as a wholly inappropriate and unwarranted 
interference with the State's thorough and carefully managed permitting 
process.
  My bill will prevent recurrences of this counterproductive clash 
between the FERC and the State by removing the jurisdiction of the FERC 
to license hydropower projects on the fresh waters of the State of 
Hawaii.
                                 ______

      By Mr. ROCKEFELLER:
  S. 2116. A bill to authorize appropriations for fiscal year 1995 to 
the National Aeronautics and Space Administration for human space 
flight, science, aeronautics, and technology, mission support, and 
Inspector General, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.


National Aeronautics and Space Administration Authorization Act, Fiscal 
                               Year 1995

 Mr. ROCKEFELLER. Mr. President, as chairman of the 
Subcommittee on Science, Technology, and Space of the Senate Committee 
on Commerce, Science, and Transportation, I am pleased to introduce the 
National Aeronautics and Space Administration [NASA] Authorization Act, 
fiscal year 1995. This legislation authorizes NASA Programs at the 
President's request of $14.3 billion and supports NASA's funding 
priorities. As I indicated previously, this legislation incorporates 
the direction established in the fiscal year 1994 NASA authorization 
bill which I introduced last year.
  The fiscal year 1995 budget request for NASA is a reduction from its 
current level of funding. The President's 5-year plan for NASA also 
keeps funding levels relatively flat. While this illustrates the budget 
realities required to lower the Federal deficit, the budget forecast 
may be especially problematic for NASA. This is because many projects 
were begun in the 1980's with the assumption that the NASA budget would 
rise 10 percent per year. Today, these projects are growing while being 
shoe-horned into a tighter budget.
  Despite the reduction, the NASA fiscal year 1995 budget is an honest 
proposal to fund a good mix of programs. In prior years, the NASA 
budget request at times exceeded the actual appropriations by over $1 
billion. I am encouraged to see Congress and the administration working 
more recently in tandem to meet fiscal obligations and commit to fund 
quality programs. NASA's 5-year plan submitted this year also is more 
meaningful because it shows a flat budget and not the traditional trend 
upward. This means that even though NASA's budget proposed is reduced, 
a consistent funding scenario for the next few years will provide much 
needed stability in NASA Programs.
  Tight fiscal constraints matched with the end of the cold war are the 
catalysts which help to focus our civilian aeronautics and space 
programs. As NASA Administrator Goldin testified in our subcommittee 
hearings, the administration's top priorities for the agency are the 
international space station, space shuttle safety, mission to planet 
Earth, aeronautics, and space science. Within each of the priorities, 
we must work together to ensure that ongoing and planned programs will 
yield the greatest returns for the American people.
  Since the historic Apollo 11 mission to the Moon in 1969, NASA has 
searched for a new focus which would again capture the imagination of 
the world. From my perspective, the space station has become a symbol 
of America's willingness to reach out across vast differences and find 
common hopes and dreams with other nations. If we can peer beyond the 
fiscal limitations of today and into our future as part of the global 
community, we can see an international laboratory orbiting above the 
Earth, developed for the peaceful uses of outer space. Meshed 
integrally with Russia as well as the spacefaring nations of Japan, 
Europe, and Canada, the space station is our best example of 
international cooperation in the post-cold-war era.
  Another administration priority for NASA focuses on the monitoring of 
the Earth and its environment. Within the Mission to Planet Earth 
Program, the Earth observing system and related data information system 
play a major role in the U.S. global change research program which is 
part of a larger international effort to monitor the interactive forces 
of oceans, land, and atmosphere. This ambitious endeavor will enhance 
our understanding of the Earth's complex systems and provide important 
information on how humans affect the environment.
  As we heard from witnesses at our subcommittee hearings, aeronautics 
research and technology have contributed to the success of domestic 
airframe and engine manufacturers. With the end of the cold war, new 
international markets have increased the drive toward economic 
competitiveness. To maintain aircraft sales in the international 
marketplace, NASA must focus on developing new aeronautics technologies 
in concert with our domestic industry. Although only about 6 percent of 
the total NASA budget, aeronautics programs, such as advanced subsonic 
and high-speed research, are highly leveraged to help make industry 
more competitive.
  Finally, NASA's long history of planetary exploration has yielded 
important information about our solar system and our unique planet 
Earth. Likewise, NASA programs in physics and astronomy, such as the 
Hubble space telescope, have brought us closer to understanding the 
forces of the universe. Late last year, the American people were 
engrossed with the repair mission of the Hubble space telescope. 
Because of the human risks involved, the world was centered on the 
activities of the space shuttle and its crew. As Freeman Dyson writes 
in his book, ``Infinite in All Directions,'' ``The American space 
program is at its most creative when it is a human adventure.''
  Since the President submitted his NASA budget for fiscal year 1995 
this past February, a great deal of attention has been focused on the 
space station and other NASA Programs. Much of the discussion has been 
over which programs should be cut and what direction the agency should 
take. In preparing this legislation, I have discussed funding issues 
with NASA, the administration, and consulted with outside parties. In 
doing so, I remain convinced that NASA's priorities support the most 
important and valuable programs to the Nation. I encourage my 
colleagues to join me in supporting the National Aeronautics and Space 
Administration Authorization Act, fiscal year 1995 in the coming 
months.
  Mr. President, I ask unanimous consent that the text of the bill and 
a summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2116

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

     SEC. 101. HUMAN SPACE FLIGHT.

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

     SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

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

     SEC. 103. MISSION SUPPORT.

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

     SEC. 104. INSPECTOR GENERAL.

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

             Subtitle B--Limitations and Special Authority

     SEC. 151. SPACE STATION LIMITATION.

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

     SEC. 152. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

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

     SEC. 153. USE OF FUNDS FOR CONSTRUCTION.

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

     SEC. 154. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

     SEC. 155. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

       Appropriations authorized for construction of facilities 
     under section 101(1), 102(3), 120(4)(C), or 103(4)--
       (1) may be varied upward by 10 percent at the discretion of 
     the Administrator; or
       (2) may be varied upward by 25 percent to meet unusual cost 
     variations after the expiration of 30 days following a report 
     on the circumstances of such action by the Administrator to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives.

     The aggregate amount authorized to be appropriated for 
     construction of facilities under sections 101(1), 102(3), 
     102(4)(C), and 103(4) shall not be increased as a result of 
     actions authorized under this section.

     SEC. 156. CONSIDERATION BY COMMITTEES.

       Notwithstanding any other provision of this Act, no amount 
     appropriated to the National Aeronautics and Space 
     Administration may be used for any program--
       (1) for which the President's annual budget request 
     included a request for funding, but for which the Congress 
     denied or did not provide funding;
       (2) in excess of the amount actually authorized for the 
     particular program by subtitle A; and
       (3) which has not been presented to the Congress in the 
     President's annual budget request,

     unless a period of 30 days has passed after the receipt by 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives of notice given by the 
     Administrator containing a full and complete statement of the 
     action proposed to be taken and the facts and circumstances 
     relied upon in support of such proposed action. The National 
     Aeronautics and Space Administration shall keep the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Science, Space, and Technology of the House 
     of Representatives fully and currently informed with respect 
     to all activities and responsibilities within the 
     jurisdiction of those committees. Except as otherwise 
     provided by law, any Federal department, agency, or 
     independent establishment shall furnish any information 
     requested by either committee relating to any such activity 
     or responsibility.

     SEC. 157. NEW PROJECTS.

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

     SEC. 158. LIMITATION ON OBLIGATION OF UNAUTHORIZED 
                   APPROPRIATIONS.

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

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

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

                   TITLE II--MISCELLANEOUS PROVISIONS

     SEC. 201. USE OF NASA LIFE SCIENCES FACILITIES.

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

     SEC. 202. ORBITAL RESEARCH PLAN.

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

     SEC. 203. UNIVERSITY INNOVATIVE RESEARCH PROGRAM STUDY.

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

     SEC. 204. INDEPENDENT INVESTIGATIONS FOLLOW-UP.

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

     SEC. 205. FACILITIES REVIEW.

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

     SEC. 206. DIVERSITY FACTORS IN PROCUREMENT.

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

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

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

     SEC. 208. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.

       (a) Amendments To Authorize Authority for Commercial 
     Reentry Vehicles.--The Commercial Space Launch Act (49 App. 
     U.S.C. 2601 et seq.) is amended--
       (1) in section 4--
       (A) by inserting ``from Earth'' after ``if any,'' in 
     paragraph (2);
       (B) by redesignating paragraphs (9) through (12) as 
     paragraphs (11), (13), (14), and (15), respectively; and
       (C) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) `reenter' and `reentry' mean to return purposefully 
     or attempt to return a reentry vehicle and payload, if any, 
     from Earth orbit or outer space to Earth;
       ``(10) `reentry vehicle' means any vehicle designed to 
     return from Earth orbit or outer space to Earth substantially 
     intact;'';
       (2) in section 6(a), by inserting ``, or reenter a reentry 
     vehicle,'' after ``operate a launch site'' each place it 
     appears;
       (3) in section 6(a) (2) and (3), by striking ``section 
     4(11)'' each place it appears and inserting in lieu thereof 
     ``section 4(14)'';
       (4) in section 6(a)(3)(A), by inserting ``or reentry'' 
     after ``such launch or operation'';
       (5) in section 6(a)(3), by inserting ``, or reentry of a 
     reentry vehicle,'' after ``operation of a launch site'' each 
     place it appears;
       (6) in section 6(b)(1)--
       (A) by striking ``launch license'' and inserting in lieu 
     thereof ``licensee'';
       (B) by inserting ``or reenter'' after ``shall not launch'';
       (C) by inserting ``or reentry'' after ``relate to the 
     launch''; and
       (D) by inserting ``or reentry'' after ``to be launched'';
       (7) in section 6(b)(2)--
       (A) by inserting ``or reentry'' after ``prevent the 
     launch'';
       (B) by inserting ``holder of a launch license'' and 
     inserting in lieu thereof ``licensee''; and
       (C) by inserting ``or reentry'' after ``determines that the 
     launch'';
       (8) in section 6(c)(1), by inserting ``or reentry of a 
     reentry vehicle'' after ``operation of a launch site'';
       (9) in section 7, by striking ``both'' and inserting in 
     lieu thereof ``for reentering one or more reentry vehicles'';
       (10) in section 8(a)(1), by inserting ``, or reentry of a 
     reentry vehicle,'' after ``operation of a launch site'' the 
     first time it appears and by inserting ``, or reentry of a 
     reentry vehicle'' after ``operation of a launch site'' the 
     second time it appears;
       (11) in sections 8(a)(2), 9(b), 11(a), 11(b), 12(a)(2)(B), 
     and 12(b), by inserting ``, or reentry of a reentry 
     vehicle,'' after ``operation of a launch site'' each place it 
     appears;
       (12) in section 8(b), by inserting ``and the reentry of 
     reentry vehicles,'' after ``operation of launch sites,'';
       (13) in section 11(a), by inserting ``or reentry'' after 
     ``launch or operation'';
       (14) in section 12(a)(1), by inserting ``or reentry'' after 
     ``prevent the launch'';
       (15) in section 12(b), by inserting ``or reentry'' after 
     ``prevent the launch'';
       (16) in section 14(a)(1)--
       (A) by inserting ``or reentry site'' after ``observers at 
     any launch site''; and
       (B) by inserting ``or reentry vehicle'' after ``assembly of 
     a launch vehicle'';
       (17) in section 15(B)(4)(A)--
       (A) by inserting ``and reentries'' after ``ensure that the 
     launches'';
       (B) by inserting ``or reentry date commitment'' after 
     ``launch date commitment'';
       (C) by inserting ``or reentry'' after ``obtained for a 
     launch'';
       (D) by inserting ``, reentry sites,'' after ``United States 
     launch sites'';
       (E) by inserting ``or reentry site'' after ``access to a 
     launch site'';
       (F) by inserting '', or services related to a reentry,'' 
     after ``amount for launch services''; and
       (G) by inserting ``or reentry'' after ``the scheduled 
     launch'';
       (18) in section 15(b)(4)(B), by inserting ``or reentry'' 
     after ``prompt launching'';
       (19) in section 15(c), by inserting ``or reentry '' after 
     ``launch site'';
       (20) in section 16(a)(1) (A) and (B), by inserting ``or 
     reentry'' after ``any particular launch'' each place it 
     appears;
       (21) in section 16(a)(1) (C) and (D), by inserting ``or a 
     reentry'' after ``launch service'' each place it appears;
       (22) in section 16(a)(2), by inserting ``or reentry'' after 
     ``launch services'';
       (23) in section 16(b)(1) and (4) (A) and (B), by inserting 
     ``or reentry'' after ``particular launch'' each place it 
     appears;
       (24) in section 17(b)(2)(A)--
       (A) by inserting ``reentry site,'' after ``launch site,''; 
     and
       (B) by inserting ``or reentry vehicle'' after ``site of a 
     launch vehicle'';
       (25) in section 21(a), by inserting ``and reentry'' after 
     ``approval of space launch'';
       (26) in section 21(b)--
       (A) by inserting ``, reentry vehicle,'' after ``A launch 
     vehicle''; and
       (B) by inserting ``or reentry'' after ``the launching'';
       (27) in section 21(c)(1)--
       (A) by inserting ``or'' at the end of subparagraph (B);
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) reentry of a reentry vehicle, or '';
       (28) in section 21(c)(2), by inserting ``reentry,'' after 
     ``launch'';
       (29) in section 22(a)--
       (A) by striking ``ending after the date of enactment of 
     this act and before October 1, 1989''; and
       (B) by striking ``and reentries'' after ``further 
     commercial launches''; and
       (30) in section 24, by inserting ``There are authorized to 
     be appropriated to the Secretary $6,541,000 to carry out this 
     Act for fiscal year 1995.'' after ``$4,900,00 to carry out 
     this Act.''.
       (b) Regulations.--The Secretary of Transportation shall 
     issue regulations under the Commercial Space Launch Act (49 
     App. U.S.C. 2601 et seq.) that include--
       (1) guidelines for industry to obtain sufficient insurance 
     coverage for potential damages to third parties;
       (2) procedures for requesting and obtaining licenses to 
     operate a commercial launch vehicle and reentry vehicle;
       (3) procedures for requesting and obtaining operator 
     licenses for launch and reentry; and
       (4) procedures for the application of government 
     indemnification.
       (c) Prohibition of Space Advertising.--(1) Section 4 of the 
     Commercial Space Launch Act (49 App. U.S.C. 2603) is amended 
     by inserting after paragraph (11), as redesignated by 
     subsection (a)(1)(B) of this section, the following new 
     paragraph:
       ``(12) `space advertising' means advertising in outer space 
     that is capable of being seen by a human being on the surface 
     of the earth without the aid of a telescope or other 
     technological device;''.
       (2) The Commercial Space Launch Act (49 App. U.S.C. 2601 et 
     seq.) is amended by inserting after section 10 the following 
     new section:

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

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


         NASA Authorization Act, Fiscal Year 1995 Bill Summary

       The bill authorizes appropriations in Fiscal Year (FY) 1995 
     to the National Aeronautics and Space Administration for 
     Human Space Flight, Science, Aeronautics, and Technology, 
     Mission Support, and Inspector General and for other 
     purposes.
       The bill authorizes appropriations at the President's 
     request, a total of $14.3 billion to NASA for FY 1995. This 
     is a $200 million reduction from FY 1994 appropriations.
       Section 101 authorizes 40% of the total NASA budget for 
     Human Space Flight activities, providing $1,889.6 million for 
     the Space Station, $150.1 million for Russian Cooperation, 
     and $3,324.0 million for the Space Shuttle.
       Section 102 authorizes 41% of the total NASA budget for 
     Science, Aeronautics, and Technology activities, providing 
     $1,766.0 million for Space Science, $470.9 million for Life 
     and Microgravity Sciences and Applications, $1,238.1 million 
     for Mission to Planet Earth, and $898.5 million for 
     Aeronautics Research and Technology.
       Section 103 authorizes 19% of the total NASA budget for 
     Mission Support. This section provides authorizations for 
     Safety, Reliability, and Quality Assurance, Space 
     Communication Services, Research and Program Management, and 
     Construction of Facilities.
       Section 151 limits the aggregate amount authorized for 
     Space Station and related activities to $2.1 billion.
       Section 152 provides $10 million of amounts appropriated in 
     Human Space Flight and Science, Aeronautics, and Technology, 
     for the Experimental Program to Stimulate Competition 
     Research (EPSCOR).
       Section 157 requires the Administrator to provide a 
     technology plan to pursue technologies with domestic 
     industries for all new projects estimated to cost $150 
     million or more.
       Section 201 requires NASA to enter into reciprocal 
     agreements with the National Institutes of Health to use 
     unique ground-based life sciences facilities.
       Section 202 requires NASA to submit an orbital research 
     plan that establishes the science research priorities for all 
     orbital life sciences, materials research, and biotechnology 
     research for the Space Station, Mir, and other space 
     platforms.
       Section 203 requires a study of the feasibility and 
     potential implementation of a university innovative research 
     program.
       Section 204 requires annual reporting of recommendations 
     made by panels convened to investigate vehicle or systems 
     failures or losses.
       Section 205 requires the Administrator to conduct a 
     facilities review and report on operating cost and value of 
     NASA-owned facilities.
       Section 206 provides at least 8% of funding for NASA prime 
     contracts and subcontracts be made available for small 
     disadvantaged businesses.
       Section 208 amends the Commercial Space Launch Act of 1984 
     to authorize the Secretary of the Department of 
     Transportation to regulate and license commercial reentry 
     vehicles and issue regulations. This section also prohibits 
     advertising in outer space.

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