[Congressional Record Volume 141, Number 162 (Thursday, October 19, 1995)]
[Senate]
[Pages S15298-S15311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     NATIONAL AERONAUTICS AND SPACE ADMINISTRATION APPROPRIATIONS 
                    AUTHORIZATION, FISCAL YEAR 1996

  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar 204, S. 1048.
  The PRESIDING OFFICER. The clerk will report. The legislative clerk 
read as follows:

       A bill (S. 1048) to authorize appropriations for fiscal 
     year 1996 to the National Aeronautics and Space 
     Administration for human space flight; science, aeronautics, 
     and technology; mission support; and inspector general; and 
     for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Commerce, Science, 
and Transportation, with an amendment to strike all after the enacting 
clause and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Aeronautics and 
     Space Administration Authorization Act, Fiscal Year 1996''.

     SEC. 2. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

     SEC. 101. HUMAN SPACE FLIGHT.

       There are authorized to be appropriated to the National 
     Aeronautics and Space Administration for Human Space Flight 
     the following amounts, to become available October 1, 1995:
       (1) Space Station, $1,818,800,000.
       (2) Russian Cooperation, $129,200,000.
       (3) Space Shuttle, $3,031,800,000.
       (4) Payload and Utilization Operations, $293,000,000.

     SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

       There are authorized to be appropriated to the National 
     Aeronautics and Space Administration for Science, 
     Aeronautics, and Technology the following amounts, to become 
     available October 1, 1995:
       (1) Space Science, $1,958,900,000, of which $48,700,000 
     shall be allocated to the Stratospheric Observatory for 
     Infrared Astronomy, $15,000,000 shall be allocated to the 
     Space Infrared Telescope Facility, and $30,000,000 shall be 
     allocated to the New Millennium initiative.
       (2) Life and Microgravity Sciences and Applications, 
     $507,000,000, of which $3,000,000 shall be allocated for the 
     construction of an addition to the Microgravity Development 
     Laboratory, Marshall Space Flight Center.
       (3) Mission to Planet Earth, $1,360,100,000, of which 
     $17,000,000 shall be allocated to the construction of the 
     Earth Systems Science Building, Goddard Space Flight Center.
       (4) Aeronautical Research and Technology, $891,300,000, of 
     which $5,400,000 shall be allocated to the modernization of 
     the Unitary Plan Wind Tunnel Complex, Ames Research Center.
       (5) Space Access and Technology, $766,600,000, of which at 
     least $70,000,000 shall be allocated to support a shuttle 
     flight for the Shuttle Imaging 

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     Radar-C, of which $5,000,000 shall be used to establish a Rural 
     Technology Transfer and Commercialization Center for the 
     Rocky Mountains and Upper Plains States region, and of which 
     $159,000,000 shall be allocated to the Reusable Launch 
     Vehicle program.
       (6) Mission Communications Services, $461,300,000.
       (7) Academic Programs, $104,700,000, of which $3,000,000 
     shall be allocated to support the establishment of an Upper 
     Plains States regional science education and outreach center 
     and of which $1,000,000 shall be allocated to establish a 
     Rural Teacher Resource Center.

     SEC. 103. MISSION SUPPORT.

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

     SEC. 104. INSPECTOR GENERAL.

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

     SEC. 105. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

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

              TITLE II--LIMITATIONS AND GENERAL PROVISIONS

     SEC. 201. SPACE STATION LIMITATION.

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

     SEC. 202. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

       Of the amounts appropriated under sections 101 and 102, 
     $6,900,000 are authorized for the Experimental Program to 
     Stimulate Competitive Research in accordance with title III 
     of the National Aeronautics and Space Administration Act, 
     Fiscal Year 1993 (Public Law 102-588; 106 Stat. 5119).

     SEC. 203. SPECIAL TECHNOLOGY ENHANCEMENT GRANTS.

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

     SEC. 204. CLEAR LAKE DEVELOPMENT FACILITY.

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

     SEC. 205. YELLOW CREEK FACILITY.

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

     SEC. 206. RADAR REMOTE SENSING SATELLITES.

       (a) Findings.--The Congress finds that--
       (1) radar satellites represent one of the most important 
     developments in remote sensing satellite technology in recent 
     years;
       (2) the ability of radar satellites to provide high-quality 
     Earth imagery regardless of cloud cover and to provide three-
     dimensional pictures of the Earth's surface when the 
     satellites are flown in combination dramatically enhance 
     conventional optical remote sensing satellite capabilities 
     and usefulness;
       (3) the National Aeronautics and Space Administration has 
     developed a unique background and expertise in developing and 
     operating radar satellites as a result of their activities 
     connected with its radar satellites, Shuttle Imaging Radar 
     (SIR)-A, SIR-B, and SIR-C, which has flown twice on the Space 
     Shuttle;
       (4) other nations currently have operational radar 
     satellite systems, including Japan and Western Europe, with 
     other spacefaring nations expected to develop such systems in 
     the near future; and
       (5) the development of an operational radar satellite 
     program at NASA featuring free-flying satellites and a 
     related ground system is critical to maintain United States 
     leadership in remote sensing satellite technology and is 
     important to our national security and international 
     competitiveness.
       (b) Policy.--It is the policy of the United States that--
       (1) NASA should develop and operate a radar satellite 
     program as soon as practicable;
       (2) NASA should build on the experience and knowledge 
     gained from its previous radar endeavors;
       (3) NASA should work with other Federal agencies and, as 
     appropriate, with other spacefaring nations, in its radar 
     satellite activities; and
       (4) NASA should make maximum use of existing National 
     remote sensing assets such as the Landsat system, activities 
     connected with the Mission to Planet Earth, and the data 
     management facilities of the Department of the Interior in 
     all of its radar satellite activities.
       (c) Program Requirements.--NASA shall initiate a program to 
     develop and operate a radar satellite program. The program 
     shall employ the most advanced radar satellite technology 
     currently available. To the maximum extent possible, all of 
     the data processing, dissemination, and archiving functions 
     shall be performed by the Department of the Interior. The 
     program should be planned in such a way that the data from 
     the radar satellite system are converted into a broad range 
     of informational products with research, commercial, and 
     government applications and any other applications that are 
     in the public interest and that such products are distributed 
     over the widest user community that is practicable, including 
     industry, academia, research institutions, local and State 
     governments, and other Federal agencies. The program should 
     coordinate with, and make appropriate use of, other remote 
     sensing satellite programs, such as the Landsat program.
       (d) Plan.--Within 90 days after the enactment of this Act, 
     the Administrator shall submit a detailed plan for 
     implementation of the radar satellite program to the 
     Committee on Commerce, 

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     Science, and Transportation of the Senate and the Committee on Science 
     of the House of Representatives. The plan should include--
       (1) the goals and mission of the program;
       (2) planned activities for the next 5 years to achieve such 
     goals and mission;
       (3) strategies for maximizing the usefulness of the 
     satellite data to the scientific and academic communities, 
     the private sector, all levels of government, and the general 
     public;
       (4) concepts for integrating the program with other related 
     NASA activities (such as Mission to Planet Earth), the 
     Landsat program, and other current and emerging remote 
     sensing satellite programs and activities in the Federal 
     government and all other public and private sectors so that 
     the program complements and strengthens such programs and 
     activities and is not duplicative of these efforts;
       (5) concepts developed in consultation with Department of 
     the Interior, for processing, archiving, and disseminating 
     the satellite data using, to the maximum extent possible, 
     existing Federal government programs and assets at the 
     Department of the Interior and other Federal agencies;
       (6) targets and timetables for undertaking specific 
     activities and actions within the program;
       (7) a 5-year budget profile for the program; and
       (8) a comparison between the program and the radar 
     satellite programs of other spacefaring nations, addressing 
     their respective costs, capabilities, and other relevant 
     features.
       (e) Authorization.--Of the funds authorized in section 102 
     for the Earth Probes account, the Administrator shall 
     allocate at least $15,000,000 to the radar satellite program 
     to conduct Phase A and Phase B studies.

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

       The Administrator shall 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. 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. Within 90 days after the enactment of 
     this Act, the Administrator shall submit a plan for the 
     implementation of this project, which shall set forth the 
     goals, project costs, planned activities, and overall 
     strategies for the project, to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science of the House of Representatives. Of the funds 
     authorized in section 102 for Mission to Planet Earth, at 
     least $10,000,000 shall be allocated by the Administrator to 
     the Upper Missouri River Basin project.

     SEC. 208. SHUTTLE PRIVATIZATION.

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

     SEC. 209. USE OF FUNDS FOR CONSTRUCTION.

       (a) Authorized Uses.--The Administrator may use funds 
     appropriate for purposes other than those appropriated for--
       (1) construction of facilities;
       (2) research and program management, excluding research 
     operations support; and
       (3) Inspector General,

     for the construction of new facilities and additions to, 
     repair of, rehabilitation of, or modification of, existing 
     facilities at any location in support of the purposes for 
     which such funds are appropriated.
       (b) Limitation.--None of the funds used pursuant to 
     subsection (a) may be expended for a project, the estimated 
     cost of which to the National Aeronautics and Space 
     Administration, including collateral equipment, exceeds 
     $750,000, until 30 days have passed after the Administrator 
     has notified the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate of the nature, location, and 
     estimated cost to the National Aeronautics and Space 
     Administration of such project.

     SEC. 210. CONSTRUCTION OF FACILITIES.

       (a) Reprogramming for Construction of Facilities.--If the 
     Administrator determines that--
       (1) new developments in the national program of 
     aeronautical and space activities have occurred;
       (2) such developments require the use of additional funds 
     for the purpose of construction, expansion, or modification 
     of facilities at any location; and
       (3) deferral of such action until the enactment of the next 
     National Aeronautics and Space Administration authorization 
     Act would be inconsistent with the interest of the Nation in 
     aeronautical and space sciences;

     the Administrator may use the amounts authorized for 
     construction of facilities pursuant to this Act or previous 
     National Aeronautics and Space Administration authorization 
     Acts for such purposes. The amounts may be used to acquire, 
     construct, convert, rehabilitate, or install temporary or 
     permanent public works, including land acquisition, site 
     preparation, appurtenances, utilities, and equipment. The 
     Administrator may use such amounts for facility 
     consolidations, closures, and demolition required to downsize 
     the NASA physical plant to improve operations and reduce 
     costs.
       (c) Limitations.--
       (1) Amounts appropriated for a construction-of-facilities 
     project--
       (A) may be varied upward by 10 percent at the discretion of 
     the Administrator; or
       (B) may be varied upward by 25 percent to meet unusual cost 
     variations after the expiration of 30 days following a report 
     on the circumstances of such action by the Administrator to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science of the House of 
     Representatives. The aggregate amount authorized to be 
     appropriated for construction of facilities shall not be 
     increased as a result of actions authorized under this 
     section.
       (2) No amounts may be obligated for a construction-of-
     facilities project until a period of 30 days has passed after 
     the Administrator or the Administrator's designee has 
     transmitted to the Committee on Science of the House of 
     Representatives, and to the Committee on Commerce, Science, 
     and Transportation of the Senate, a written report describing 
     the nature of the acquisition, construction, conversion, 
     rehabilitation, or installation, its cost, and the reasons 
     therefor.
       (d) Title to Facilities.--If funds are used pursuant to 
     subsection (a) for grants to institutions of higher 
     education, or to nonprofit organizations whose primary 
     purpose is the conduct of scientific research, for purchase 
     or construction of additional research facilities, title to 
     such facilities shall be vested in the United States unless 
     the Administrator determines that the national program of 
     aeronautical and space activities will best be served by 
     vesting title in the grantee institution or organization. 
     Each such grant shall be made under such conditions as the 
     Administrator shall determine to be required to ensure that 
     the United States will receive therefrom benefits adequate to 
     justify the making of that grant.

     SEC. 211. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

     SEC. 212. CONSIDERATION BY COMMITTEES.

       Notwithstanding any other provision of this Act--
       (1) no amount appropriated pursuant to this Act may be used 
     for any program deleted by the Congress from requests as 
     originally made to either the Committee on Science of the 
     House of Representatives or the Committee on Commerce, 
     Science, and Transportation of the Senate; and
       (2) no amount appropriated pursuant to the Act may be used 
     for any program in excess of the amount actually authorized 
     for that particular program, excluding construction-of-
     facility projects,

     unless a period of 30 days has passed after the receipt by 
     such Committee of notice given by the Administrator or the 
     Administrator's designee containing a full and complete 
     statement of the action proposed to be taken and the facts 
     and circumstances relied upon in support of the proposed 
     action. NASA shall keep those Committees fully and currently 
     informed with respect to all activities and responsibilities 
     within their jurisdiction. Except as otherwise provided by 
     law, any Federal department, agency, or independent 
     establishment shall furnish any information 

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     requested by either such Committee relating to any activity or 
     responsibility.

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

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

     SEC. 214. REPORTING REQUIREMENTS.

       (a) Reporting Period.--Section 206(a) of the National 
     Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is 
     amended--
       (1) by striking ``January'' and inserting ``May''; and
       (2) by striking ``calendar'' and inserting ``fiscal''.
       (b) Protection of Commercially Valuable Information.--
     Section 303 of the National Aeronautics and Space Act of 1958 
     (42 U.S.C. 2454) is amended by adding at the end the 
     following:
       ``(c)(1) The Administrator may delay, for a period not to 
     exceed 5 years, the unrestricted public disclosure of 
     technical data, related to a competitively sensitive 
     technology, in the possession of, or under the control of, 
     the Administration that has been generated in the performance 
     of experimental, developmental, or research activities or 
     programs conducted by, or funded in whole or in part by, the 
     Administration, if the technical data has significant value 
     in maintaining leadership or competitiveness, in civil and 
     governmental aeronautical and space activities by the United 
     States industrial base.
       ``(2) The Administrator shall publish biannually in the 
     Federal Register a list of all competitively sensitive 
     technology areas which it believes have a significant value 
     in maintaining the United States leadership or 
     competitiveness in civil and governmental aeronautical and 
     space activities. The list shall be generated after 
     consultation with appropriate Government agencies and a 
     diverse cross section of companies--
       ``(A) that conduct a significant level of research, 
     development, engineering, and manufacturing in the United 
     States; and
       ``(B) the majority ownership or control of which is held by 
     United States citizens.
       ``(3) The Administrator shall provide an opportunity for 
     written objections to the list within a 60-day period after 
     it is published. After the expiration of that 60-day period, 
     and after consideration of all written objections received by 
     the Administrator during that period, NASA shall issue a 
     final list of competitively sensitive technology areas.
       ``(4) For purposes of this subsection, the term `technical 
     data' means any recorded information, including computer 
     software, that is or may be directly applicable to the 
     design, engineering, development, production, manufacture, or 
     operation of products or processes that may have significant 
     value in maintaining leadership or competitiveness in civil 
     and governmental aeronautical and space activities by the 
     United States industrial base.''.

     SEC. 215. INDEPENDENT RESEARCH AND DEVELOPMENT.

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

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

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

           TITLE III--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS

     SEC. 301. AMENDMENT OF TITLE 49.

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

     SEC. 302. AMENDMENT OF SECTION 70101.

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

     SEC. 303. AMENDMENT OF SECTION 70102.

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

     SEC. 304. AMENDMENT OF SECTION 70103.

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

     SEC. 305. AMENDMENT OF SECTION 70104.

       Section 70104 (relating to restrictions on launches and 
     operations) is amended--
       (1) by striking the section caption and inserting the 
     following:

     ``Restrictions on launches, in-space transportation 
                   activities, operations, and reentries'';

       (2) by striking ``site'' each place it appears in 
     subsection (a) and inserting ``site, an in-space 
     transportation operations site, reentry site, or reenter a 
     reentry vehicle,'';
       (3) by striking ``launch or operation'' in subsections (a) 
     (3) and (4) and inserting ``launch, in-space transportation 
     activity, or reentry operation'';
       (4) by striking subsection (b) and inserting the following:
       ``(b) Compliance with Payload Requirements.--The holder of 
     a license under this chapter may launch a payload, operate an 
     in-space transportation vehicle, or reenter a payload only if 
     the payload or vehicle complies with all requirements of the 
     laws of the United States 

[[Page S 15302]]
     related to launching a payload, operating an in-space transportation 
     vehicle, or reentering a payload.'';
       (5) by striking the caption of subsection (c) and inserting 
     the following: ``(c) Preventing Launches, in-space 
     transportation activities, or Reentries.--''; and
       (6) by striking ``launch'' each place it appears in 
     subsection (c) and inserting ``launch, in-space 
     transportation activity, or reentry''.

     SEC. 306. AMENDMENT OF SECTION 70105.

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

     SEC. 307. AMENDMENT OF SECTION 70106.

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

     SEC. 308. AMENDMENT OF SECTION 70108.

       Section 70108 (relating to prohibition, suspension, and end 
     of launches and operation of launch sites) is amended--
       (1) by striking the section caption and inserting the 
     following:

     ``Prohibition, suspension, and end of launches, in-space 
                   transportation activities, reentries, or 
                   operation of launch sites, in-space 
                   transportation control sites, or reentry 
                   sites'';

     and
       (2) by striking ``site'' in subsection (a) and inserting 
     ``site, in-space transportation control site, in-space 
     transportation activity, or reentry site, or reentry of a 
     reentry vehicle,''; and
       (3) by striking ``launch or operation'' in subsection (a) 
     and inserting ``launch, in-space transportation activity, 
     operation, or reentry''.

     SEC. 309. AMENDMENT OF SECTION 70109.

       (a) Caption.--The section caption of section 70109 
     (relating to preemption of scheduled launches) is amended to 
     read as follows:

     ``Preemption of scheduled launches, in-space transportation 
                   activities, or reentries''.

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

     SEC. 310. AMENDMENT OF SECTION 70110.

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

     SEC. 311. AMENDMENT OF SECTION 70111.

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

     SEC. 312. AMENDMENT OF SECTION 70112.

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

     SEC. 313. AMENDMENT OF SECTION 70113.

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

     SEC. 314. AMENDMENT OF SECTION 70115.

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

     SEC. 315. AMENDMENT OF SECTION 70117.

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

     SEC. 316. REPORT TO CONGRESS.

       Chapter 701 is amended by adding at the end thereof the 
     following new section:

     ``Sec. 70120. Report to Congress

       ``The Secretary of Transportation shall submit to Congress 
     an annual report to accompany the President's budget request 
     that--
       ``(1) describes all activities undertaken under this 
     chapter, including a description of the process for the 
     application for and approval of licenses under this chapter 
     and recommendations for legislation that may further 
     commercial launches and reentries; and
       ``(2) reviews the performance of the regulatory activities 
     and the effectiveness of the Office of Commercial Space 
     Transportation.''.

     SEC. 317. AMENDMENT OF TABLE OF SECTIONS.

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

``70104. Restrictions on launches, in-space transportation activities, 
              operations, and reentries'';

       (2) by amending the item relating to section 70108 to read 
     as follows:

``70108. Prohibition, suspension, and end of launches, in-space 
              transportation activities, reentries, or operation of 
              launch sites, in-space transportation control sites, or 
              reentry sites'';

       (3) by amending the item relating to section 70109 to read 
     as follows:

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

``70120. Report to Congress''.

     SEC. 318. REGULATIONS.

       The Secretary of Transportation shall issue regulations 
     under chapter 701 of title 49, United States Code, that 
     include--
       (1) guidelines for industry to obtain sufficient insurance 
     coverage for potential damages to third parties;
       (2) procedures for requesting and obtaining licenses to 
     operate a commercial launch vehicle and reentry vehicle;

[[Page S 15303]]

       (3) procedures for requesting and obtaining operator 
     licenses for launch and reentry; and
       (4) procedures for the application of government 
     indemnification.

     SEC. 319. SPACE ADVERTISING.

       (a) Definition.--Section 70102, as amended by section 303, 
     is amended by redesignating paragraphs (12) through (19) as 
     (13) through (20), respectively, and by inserting after 
     paragraph (11) the following new paragraph:
       ``(12) `obtrusive space advertising' means advertising in 
     outer space that is capable of being recognized by a human 
     being on the surface of the earth without the aid of a 
     telescope or other technological device;''.
       (b) Prohibition.--Chapter 701 is amended by inserting after 
     section 70109 the following new section:

     ``Sec. 70109a. Space advertising

       ``(a) Licensing.--Notwithstanding the provisions of this 
     chapter or any other provision of law, the Secretary shall 
     not--
       ``(1) issue or transfer a license under this chapter; or
       ``(2) waive the license requirements of this chapter;

     for the launch of a payload containing any material to be 
     used for the purposes of obtrusive space advertising.
       ``(b) Launching.--No holder of a license under this chapter 
     may launch a payload containing any material to be used for 
     purposes of obtrusive space advertising on or after the date 
     of enactment of the National Aeronautics and Space 
     Administration Authorization Act, Fiscal Year 1996.
       ``(c) Commercial Space Advertising.--Nothing in this 
     section shall apply to nonobtrusive commercial space 
     advertising, including advertising on commercial space 
     transportation vehicles, space infrastructure, payloads, 
     space launch facilities, and launch support facilities.''.
       (c) Negotiation With Foreign Launching Nations.--
       (1) The President is requested to negotiate with foreign 
     launching nations for the purpose of reaching an agreement or 
     agreements that prohibit the use of outer space for obtrusive 
     space advertising purposes.
       (2) It is the sense of Congress that the President should 
     take such action as is appropriate and feasible to enforce 
     the terms of any agreement to prohibit the use of outer space 
     for obtrusive space advertising purposes.
       (3) As used in this subsection, the term ``foreign 
     launching nation'' means a nation--
       (A) which launches, or procures the launching of, a payload 
     into outer space; or
       (B) from whose territory or facility a payload is launched 
     into outer space.
       (d) Clerical Amendment.--The table of sections for chapter 
     701 is amended by inserting the following after the item 
     relating to section 70109:

  ``70109a. Space advertising''.

                           Amendment No. 2939

    (Purpose: To authorize funds for operation of the Upper Midwest 
          Aerospace Consortium, and to clarify authorization)

  Mrs. KASSEBAUM. Mr. President, I send an amendment to the desk on 
behalf of Senator Pressler.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kansas [Mrs. Kassebaum], for Mr. Pressler, 
     proposed an amendment numbered 2939.

  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 46, line 2, after ``Center'' insert a comma and the 
     following: ``and of which $2,000,000 shall be allocated in 
     fiscal year 1996, and such sums as are necessary thereafter, 
     for the operation of the Upper Midwest Aerospace Consortium 
     (UMAC) of institutions in the Upper Great Plains Region for 
     the purpose of making information derived from Mission to 
     Planet Earth data available to the general public''.
       On page 57, line 18, strike ``shall'' and insert ``is 
     authorized to''.
       On page 57, line 25, strike ``The'' and insert ``If 
     initiated, the''.
       On page 58, line 15, strike ``Within'' and insert ``If this 
     project is initiated, then within''.

  Mr. PRESSLER. Mr. President, I am pleased that today the Senate is 
considering S. 1048, the NASA Authorization Act for fiscal year 1996, 
which I introduced as chairman of the Senate Committee on Commerce, 
Science, and Transportation. Let me also take this opportunity to thank 
Senator Burns, who is chairman of our Space Subcommittee, for his fine 
contributions to this bill and his leadership in space policy matters.
  NASA faces two challenges. The first is maintaining America's 
leadership in aeronautics and space. The second is accomplishing these 
leadership goals within the confines of a balanced Federal budget. This 
authorization bill allows NASA to meet both of these challenges.
  NASA started out this year with a plan to cut $5 billion over 5 years 
from its budget. Then, the Senate and House developed budget plans 
requiring even deeper cuts. In keeping with this new fiscal reality, 
our bill authorizes a total of $13.8 billion for NASA in Fiscal Year 
1996, a 3-percent decrease from the current funding level of $14.26 
billion.
  Despite the funding cut, the bill manages to support a diverse and 
forward-looking space program. It authorizes all of NASA's major 
current programs such as Mission to Planet Earth, space station, space 
science, and aeronautics and, in almost all cases, at their requested 
funding levels. At the same time, it prepares NASA for the future by 
authorizing a number of new starts--including the new reusable launch 
vehicle technology development program aimed at providing private 
industry the technology to eventually build a shuttle replacement, and 
a new radar satellite program to develop and make use of the latest 
advances in satellite remote sensing technology.
  Mr. President, I would now like to make special mention of certain 
portions of the bill.
  I believe Mission to Planet Earth may be NASA's most important and 
relevant program. The satellite data from Mission to Planet Earth will 
deliver direct benefits to the taxpayer in contrast to the speculative 
spinoffs promised by other space activities. For this reason, the bill 
fully funds this activity at $1.36 billion. Using the latest satellite 
technology, Mission to Planet Earth will help researchers understand 
and predict the global climate trends that affect our lives. As a 
Senator representing a State whose economy is dependent upon 
agriculture, I have a keen interest in this program's potential to 
provide detailed data on soil conditions, topography, crops, and other 
information critical to the farming and ranching community. I also take 
great pride in the selection of the EROS Data Center in Sioux Falls, 
SD, as one of the regional data centers that will collect and 
distribute this satellite data.
  If Mission to Planet Earth is to realize its full potential, we must 
ensure its satellite data are converted to useful information that can 
be applied to real life problems. Reflecting that thinking, our bill 
authorizes $10 million for an Upper Missouri River Basin project to 
support hydrology studies of that flood-plagued region. This project 
will enable a consortium of regional institutions led by the South 
Dakota School of Mines and Technology to apply NASA's space-age 
technology to develop better systems for managing and investigating 
floods and other natural disasters. I am hopeful NASA will undertake 
more projects of this type in order to put our country's wealth of 
scientific knowledge and talent to work for the taxpayers' benefit.
  I am pleased with the current direction of the Mission to Planet 
Earth Program, but, equally significant, so is the scientific 
community. In September, the National Academy of Sciences released its 
long-awaited report on the program. The report, which was based on a 
10-day workshop featuring the Nation's finest scientists, strongly 
endorsed the program's goals, missions, and activities. In short, the 
scientific community formally declared that Mission to Planet Earth is 
indeed good science.
  It is because this program is on the right track that I am deeply 
concerned about the possibility of NASA taking any imprudent and 
unnecessary efforts to further restructure the program. Mission to 
Planet Earth has just completed a restructuring exercise. In my view, 
further redesigns to the program would only add costs, produce schedule 
delays, and reduce scientific capabilities. To guard against this 
occurrence, the bill specifically prohibits NASA from changing the data 
management component of the program, unless, 60 days before such 
action, NASA has reported to Congress on the nature and overall impact 
of the planned changes.
  Mr. President, the bill also provides the full $2.1 billion requested 
funding for space station. However, this authorization should not be 
interpreted as a ringing endorsement of that program. I am a 
longstanding supporter of the program, but, in recent years, I have 
become concerned that it has become too expensive, too complex, and too 
dependent on the contributions of Russia, the latest station partner. 

[[Page S 15304]]

  In a June 1995 report, the General Accounting Office [GAO] estimated 
the total cost of the design, launch, and operation of the space 
station will be $94 billion. That is almost seven times the entire 
annual budget for NASA. Given the history of past missions, it is fair 
to assume the $94 billion price tag for the program will increase over 
time. If that happens, we may wake up to find the enormous space 
station budget has crowded out every other NASA program to become 
NASA's only mission. Earlier this year, I voted for space station 
funding, but I may well reconsider my support in the future if the 
program starts to threaten the balance in our space program.
  As important as current space programs are, we also have an 
obligation to prepare NASA for the future. To that end, the bill 
supports several new initiatives at NASA to extend its vision into the 
next century. The bill authorizes a reusable launch vehicle program, 
which will support NASA's X-33 and X-34 activities to pave the way for 
the later development by the private sector of a replacement for the 
shuttle in the next decade.
  Employing 1970's technologies and costing $400 million per flight, 
the shuttle may have outlived its usefulness. However, within today's 
budget constraints, the Government cannot afford to foot the entire 
bill for a new multibillion-dollar spacecraft development program. That 
is why the reusable launch vehicle program--with its emphasis on 
sharing development costs with industry and its goal of moving our 
national space transportation system toward privatization--seems a 
viable concept worth pursuing.
  The bill also authorizes the New Millennium initiative to develop new 
microminiature technologies aimed at reducing the cost and development 
times for satellites, and provides funding for two infrared astronomy 
programs to help us better understand the vast universe in which we 
live.
  Mr. President, radar satellites are one of the most important new 
technologies in satellite remote sensing. In recognition of that, S. 
1048 authorizes a new radar satellite program and a third shuttle 
flight for the shuttle imaging radar ``C'' satellite. Because radar 
satellites have the ability to ``see'' through cloud cover, they will 
dramatically enhance the capability of America's existing optical-based 
satellite systems such as Landsat. Japan and Europe already operate 
radar satellite systems, and Canada is set to deploy one later this 
year. To maintain our scientific leadership as well as protect our 
national security, the United States must not get left behind in this 
critical technology.
  In my role as chairman of the Senate Commerce Committee, it has 
become apparent to me that small city, rural States like my home State 
of South Dakota are often forgotten in our vast $70 billion Federal 
science and technology enterprise. That part of America wants to be 
part of the technological revolution. More importantly, it wants to 
contribute.
  It is in the national interest to strengthen the scientific talent, 
resources, and infrastructure in our rural States through appropriate 
research, education, and outreach activities. The bill attempts to 
accomplish this in several ways. It increases funding for the 
Experimental Program to Stimulate Competitive Research Program [EPSCoR] 
from its current level of $4.9 to $6.9 million. NASA's EPSCoR Program, 
as well as similar programs in six other science agencies, have been 
instrumental in providing Federal funding for quality academic research 
in rural States. Our bill also funds a rural teacher resource center, a 
rural technology transfer and commercialization center, and a regional 
science education and outreach center for the Plains States region.
  Mr. President, I believe NASA is up to the challenge of keeping 
America preeminent in aeronautics and space despite the intense budget 
pressure and despite the increasing competition from other spacefaring 
nations. It is my belief this authorization bill provides NASA with the 
support it needs to meet that challenge.
  I wish to thank my colleagues for their contributions and support and 
I urge the Senate to pass S. 1048 as amended.
  Mr. ROCKEFELLER. Mr. President, I rise today in support of S. 1048, 
the National Aeronautics and Space Administration Authorization Act, 
fiscal year 1996. While both the administration and I have some 
concerns with this bill, it is in general a ringing endorsement of the 
bipartisan space and aeronautics programs and a strong statement in 
support of our Nation's future in space.
  The bill strongly supports the space station and funds NASA's most 
important new satellite initiative, Mission to Planet Earth. It 
authorizes full funding for research on reusable launch vehicles, and 
supports the important Cassini and Mars Surveyor projects. It also 
fully authorizes the President's requested funding for aeronautical 
research and technology, thus continuing the industry-government 
partnership that is so vital to the long-term strength of our vital 
aircraft industry.
  In addition, the bill requires the NASA Administrator to conduct a 
study of the feasibility of privatizing the space shuttle--an important 
step in the on-going debate about how to reduce shuttle costs and 
bureaucracy without jeopardizing safety or Government requirements. And 
I am proud that the bill continues the small but very valuable NASA 
Experimental Program to Stimulate Competitive Research [EPSCOR]. I also 
support the bill's authorization for the Office of Commercial Space 
Transportation at the Transportation Department, and the title III 
amendments that will update the important Commercial Space Launch Act.
  Mr. President, the administration does have several concerns about 
the NASA portions of this bill. The most important concerns the bill's 
proposed $200 million reduction in shuttle funding. NASA is committed 
to reducing shuttle costs over time, but the agency is concerned that 
the assumption that $200 million can be cut in 1 year is unrealistic. 
The second is the administration's concern about several other cuts the 
bill makes, including funding cuts for the gravity probe-B satellite 
project, high-performance computing in the aeronautical program, and a 
$100 million reduction in the Tracking and Data Relay Satellite System 
Replenishment Program. Third, the administration also objects to the 
$123 million in new, unrequested projects authorized by the bill. I 
believe that these are all important issues, and I will discuss them 
further with Chairman Pressler and Chairman Burns as S. 1048 moves 
through the legislative process.
  Overall, however, there is much to commend in this bill. I commend 
Chairman Pressler and Chairman Burns for their dedication to NASA 
issues and for working with us on this legislation. I support S. 1048 
and its strong endorsement of our Nation's space and aeronautical 
objectives, and I urge our colleagues to join me in voting for it.
  Mr. BURNS. Mr. President, today I stand in support of bill, S. 1048, 
the NASA authorization bill for fiscal year 1996 which I have 
enthusiastically cosponsored. The bill authorizes a total of $13.8 
billion for the agency, a 3-percent decrease from the requested level 
of $14.26 billion. That funding should allow NASA to continue the 
important missions already underway such as space station, mission to 
planet Earth, and the aeronautics and space science programs. It should 
also prepare NASA for the future by authorizing several new missions, 
such as an effort to develop a shuttle replacement and a new radar 
satellite program.
  Mr. President, as you know, we are in a budget crisis and NASA 
deserves a great deal of credit as one of few Federal agencies to 
respond to it early and responsibly. In 3 years, NASA cut the space 
shuttle budget from $4 billion to $3.1 billion. It developed a redesign 
of space station that was $5 billion less expensive than the earlier 
space station Freedom concept. Mission to planet Earth has been reduced 
from a $17 billion armada of satellites to a $7 billion focused 
satellite system. Earlier this year, faced with the prospect of deep 
congressional budget cuts across Government, NASA took the initiative 
and developed a plan to cut $5 billion in 5 years, without reducing 
program content.
  But NASA did not stop there. This year, it conducted a comprehensive 
zero-based review of all of its activities and programs to achieve even 
greater savings. That review looked at a broad 

[[Page S 15305]]
range of money-saving measures such as workforce reductions, 
elimination of redundant activities, consolidation of functions, and 
operating more efficiently. I understand that, within the 
administration, NASA's efforts are often cited as the model for 
reinventing Government.
  After 3 consecutive years of substantial budget cuts, NASA is now 
down to the bone. To require additional reductions would force NASA to 
cancel important space programs, close vital facilities, or layoff 
essential skilled personnel. That would decimate the Nation's science 
and technology base. Equally important, it would decimate the morale of 
the good men and women who have made our space program the subject of 
movies like ``Apollo 13'' and inspired thousands of scientists, 
engineers, and schoolchildren across our country.
  It is time to give NASA the support it needs to face the challenges 
of the future. This NASA authorization bill is designed to do just 
that.
  The bill provides the full $2.1 billion requested level for space 
station. This program is NASA's most costly, complex, and controversial 
activity and we are all aware of the many criticisms leveled against 
it. However, space station is precisely the kind of bold vision that 
NASA was created to pursue. Space station will enable the United States 
and the international science community to conduct unique microgravity 
research and expand our knowledge about humans' ability to live and 
work in space. If past missions are any indication, the space station 
will undoubtedly yield breakthroughs in biomedicine and advanced 
materials. We can probably also expect exciting spinoffs just as past 
space missions have spawned microelectronics, pacemakers, advance water 
filtration systems, communications, and many other products and 
services we now take for granted.
  I am a strong station supporter and the funding provided in the bill 
will keep the program on track for a first element launch in 1997.
  The bill also provides full funding for Mission to Planet Earth. 
Mission to Planet Earth is NASA's $7 billion satellite program aimed at 
studying how the oceans, land, and atmosphere work as a system in order 
to understand and predict global climate change. For those of us 
representing farm States, weather and water are our lifeblood. Mission 
to Planet Earth promises dramatic improvements in our ability to 
predict climate change and manage our scarce water resources. If those 
expectations are met, the program will easily pay for itself in lives 
and property saved and improved water management.
  Mr. President, in my view, one of the most important areas within 
NASA is aeronautics--the first ``A'' in NASA. For many years, 
aeronautics seemed to be reduced to a small ``a'' status. It always 
seemed to take a back seat to the higher profile space missions. 
However, under Dan Goldin's leadership, that is beginning to change and 
NASA is giving aeronautics the backing it deserves.
  To me, the aeronautics research is critical to maintaining U.S. 
technological leadership and aerospace competitiveness. For instance, 
the High-Speed Research Program is developing precompetitive 
technologies in support of supersonic aircraft. It is estimated that 
the first country to market such an aircraft stands to gain $200 
billion in sales and 140,000 new jobs. Similarly, the Advanced Subsonic 
Technology Program funds research in support of subsonic airplanes--a 
market that generates 1 million jobs and contributes over $25 billion 
annually to the U.S. trade balance. These programs are moneymakers and 
it is in the national interest to give them the support they need. 
Accordingly, our NASA bill authorizes aeronautics research at the 
requested level of $891 million for fiscal year 1996.
  As a final point, Mr. President, I note that the bill also authorizes 
a collection of activities and initiatives designed to extend NASA's 
vision to include our rural States. Our rural States can make an 
enormous contribution to the civilian space program if only given the 
chance. For example, in May, Prof. Steve Running of the University of 
Montana testified before the Science Subcommittee about his efforts to 
use remote sensing satellite data in forest and crop management. To 
embrace our rural States in our space program, the bill contains a $2 
million increase for the EPSCoR Program, which funds important research 
in our rural States. It also funds another rural teacher resource 
center to the existing nine centers, as well as an additional rural 
technology transfer and commercialization center, to fill in coverage 
gaps in those two programs.
  Mr. President, I believe that this bill provides NASA with the 
support it requires to continue and build on its important work in 
space and aeronautics and I urge my colleagues to support this 
legislation.
  Mr. LEVIN. Mr. President, my colleague from Michigan, Senator Abraham 
and I would like to engage the chairman of the Senate Committee on 
Commerce, Science, and Transportation in a brief colloquy concerning 
the treatment of the Consortium for International Earth Sciences 
Information Network [CIESIN] is S. 1048.
  The committee's report suggests that funding for CIESIN should be 
eliminated since it is,

     . . . an activity which was deemed largely irrelevant to 
     NASA's goals and missions and which has been severely 
     criticized in the past by NASA's Inspector General.

  Unfortunately, the committee report's assertion is based on the draft 
inspector general's [IG] report. The final version of the IG's report 
states:

       By rescoping CIESIN's mission to include only SEDAC-related 
     activities, NASA now possesses the necessary expertise to 
     manage CIESIN. Because the context within which SEDAC will 
     operate is data management and integration, NASA is more 
     uniquely qualified for this role than any other federal 
     agency.

  Further, NASA itself, in a letter from the Associate Administrator 
for Mission to Planet Earth to the president of CIESIN (July 6, 1995), 
states:

       The contribution CIESIN has made toward information 
     technology and access to environmental data are highly 
     beneficial to NASA and to society.

  There are many more examples which I can provide that directly and 
factually challenge the committee report's assertion. We would 
appreciate the chairman's clarification of these statements.
  Mr. PRESSLER. I appreciate the remarks of the senior Senator from 
Michigan and the information he has provided. I understand that the 
NASA IG's final report does not make any recommendation regarding 
termination of CIESIN's EOS related activities and finds CIESIN's SEDAC 
activity well within the goals of the EOS and EOSDIS programs.
  Mr. ABRAHAM. Mr. President, I would like to touch on a related 
subject. During consideration of H.R. 2099, the VA, HUD, and 
independent agencies appropriations bill for fiscal year 1996, I 
provided to the distinguished subcommittee chairman, Senator Bond, a 
brief summary of the value of CIESIN's work for NASA.
  CIESIN is one of NASA's nine Distributed Active Archive Centers 
[DAAC's] supporting the Earth Observing System Data and Information 
System. CIESIN is the only one that provides integrated socioeconomic 
data access for the study of the affect society has upon the 
environment. This is a unique capability and one that NASA officials 
consider vital to EOS. As the distinguished manager of the bill may 
know, the Senate's version of H.R. 2099 advises NASA to integrate 
CIESIN into the EOS plan for 1996.
  Obviously, CIESIN's SEDAC activity is hardly irrelevant to NASA's 
mission and should not be eliminated, as proposed in the committee's 
report. And, CIESIN's valuable skills and expertise may be of use to 
NASA in non-SEDAC ares or to other Federal agencies. The House's NASA 
authorization bill explicitly provides that CIESIN will not be 
precluded from receiving contracts awarded following a full and open 
competition and that the rights of any parties under existing contracts 
shall not be affected. This language would allow CIESIN to compete for 
NASA or any other Federal agency grants or contracts.
  Would the chairman be able to support this non-controversial 
language?
  Mr. PRESSLER. I understand the Senator's point and will certainly 
work in conference to obtain similar language in the final bill 
regarding CIESIN's ability to bid on contracts.
  Mr. ABRAHAM. I appreciate the Senator's assistance.
  
[[Page S 15306]]

  Mr. LEVIN. I would also like to add my thanks for the manager's 
consideration.
  Mr. GLENN. Mr. President, I rise to express my serious reservations 
concerning section 205 of the NASA authorization bill S. 1048. This 
provision authorizes the conveyance of approximately 1,200 acres of 
Federal property, including all improvements and any personal property 
located there to the State of Mississippi. Additionally this provision 
provides $10 million in transition assistance to the State of 
Mississippi. Would the distinguished chairman of the Committee, Senator 
Pressler, care to discuss this issue with me?
  Mr. PRESSLER. I would be pleased to discuss this issue with my friend 
from Ohio.
  Mr. GLENN. I thank my friend. This provision concerns me because it 
skirts existing law, namely the Federal Property Act, which governs the 
process by which the Federal Government disposes of excess property. 
The Federal Property Act sets up a process designed to ensure that 
taxpayers--who footed the bill to acquire the property as well as the 
buildings and personal property associated with it--get the best return 
on their investment.
  Mr. PRESSLER. I agree with the Senator that the Federal Property Act 
helps ensure that the taxpayers interest are protected.
  Mr. GLENN. In particular, the Property Act helps to ensure that we 
avoid the situation of one agency of Government giving property away, 
while another agency, unbeknownst to the first, may be trying to 
acquire similar property. Now, Mr. President, I cannot say that such a 
situation is happening in this case. We simply cannot say for sure 
because no screening has taken place. However, we have encountered such 
situations in the past, and I can assure my colleagues, that in such 
circumstances, the taxpayer ends up on the short end of the stick.
  One of the main purposes of the Federal Property Act is to ensure 
that, before Federal property is determined to be excess, a screening 
period occur during which time other Federal agencies have an 
opportunity to show that they have a compelling need for the property. 
The General Services Administration, the property management experts in 
the Federal Government, coordinate this screening. If no Federal agency 
speaks up during the screening process, then the property is made 
available to the States and other eligible nonprofit organizations. Can 
my friend from South Dakota tell me whether or not the Yellow Creek 
property has undergone my formal, or even informal, screening? If so, 
what have been the results?
  Mr. PRESSLER. No formal screening has occurred. However, NASA 
contacted the following agencies which it believed could make use of 
the Yellow Creek facilities: the Department of the Air Force, the 
Department of the Navy, the Department of the Army, the Department of 
Energy, and the Environmental Protection Agency. After much discussion 
between NASA and these parties, none of these agencies indicated that 
it could make use of this facility.
  Mr. GLENN. Would the Senator agree that it is in the best interest of 
the United States and the taxpayer that some form of informal Federal 
screening by the General Services Administration be conducted--in an 
expedited fashion, no more than 30 days--to assure us that other 
Federal agencies cannot make use of this facility?
  Mr. PRESSLER. I agree that such action would be in the best interests 
of all taxpayers.
  Mr. GLENN. Finally I would ask my colleague whether he has an 
estimate of the market value of the real and personal property which is 
covered in this section?
  Mr. PRESSLER. It is my understanding, based on information from NASA 
that the breakdown of the market value of the real and personal 
property at the site is: Land--$3.8 million based on a recent 
appraisal; fixed assets, buildings--about $10 million in market value 
because of their uniqueness to rocket manufacture, their completion 
status, and location; personal property--about $10 to $15 million in 
market value, some of which is so unique to rocket manufacture that it 
can only be sold as scrap.
  However because of the limited purposes for which the property can be 
used, these figures may somewhat overestimate the real market value of 
the property.
  Mr. GLENN. I thank my colleague and look forward to working with him 
to address this issue as this bill moves into conference with the other 
body.
  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the 
amendment be agreed to, the committee substitute, as amended, be agreed 
to, the bill be deemed to have been read a third time and passed, and 
the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be placed in the appropriate place in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2939) was agreed to.
  The committee substitute, as amended, was agreed to.
  The bill (S. 1048) was deemed read for a third time and passed; as 
follows:

                                S. 1048

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Aeronautics and 
     Space Administration Authorization Act, Fiscal Year 1996''.

     SEC. 2. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

     SEC. 101. HUMAN SPACE FLIGHT.

       There are authorized to be appropriated to the National 
     Aeronautics and Space Administration for Human Space Flight 
     the following amounts, to become available October 1, 1995:
       (1) Space Station, $1,818,800,000.
       (2) Russian Cooperation, $129,200,000.
       (3) Space Shuttle, $3,031,800,000.
       (4) Payload and Utilization Operations, $293,000,000.

     SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

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

     SEC. 103. MISSION SUPPORT.

       There are authorized to be appropriated to the National 
     Aeronautics and Space Administration for Mission Support the 
     following amounts, to become available October 1, 1995:
       (1) Safety, Reliability, and Quality Assurance, 
     $37,600,000.
       (2) Space Communications Services, $219,400,000.
       (3) Research and Program Management, including personnel 
     and related costs, travel, and research operations support, 
     $2,047,800,000.

[[Page S 15307]]

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

     SEC. 104. INSPECTOR GENERAL.

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

     SEC. 105. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

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

              TITLE II--LIMITATIONS AND GENERAL PROVISIONS

     SEC. 201. SPACE STATION LIMITATION.

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

     SEC. 202. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

       Of the amounts appropriated under sections 101 and 102, 
     $6,900,000 are authorized for the Experimental Program to 
     Stimulate Competitive Research in accordance with title III 
     of the National Aeronautics and Space Administration Act, 
     Fiscal Year 1993 (Public Law 102-588; 106 Stat. 5119).

     SEC. 203. SPECIAL TECHNOLOGY ENHANCEMENT GRANTS.

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

     SEC. 204. CLEAR LAKE DEVELOPMENT FACILITY.

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

     SEC. 205. YELLOW CREEK FACILITY.

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

     SEC. 206. RADAR REMOTE SENSING SATELLITES.

       (a) Findings.--The Congress finds that--
       (1) radar satellites represent one of the most important 
     developments in remote sensing satellite technology in recent 
     years;
       (2) the ability of radar satellites to provide high-quality 
     Earth imagery regardless of cloud cover and to provide three-
     dimensional pictures of the Earth's surface when the 
     satellites are flown in combination dramatically enhance 
     conventional optical remote sensing satellite capabilities 
     and usefulness;
       (3) the National Aeronautics and Space Administration has 
     developed a unique background and expertise in developing and 
     operating radar satellites as a result of their activities 
     connected with its radar satellites, Shuttle Imaging Radar 
     (SIR)-A, SIR-B, and SIR-C, which has flown twice on the Space 
     Shuttle;
       (4) other nations currently have operational radar 
     satellite systems, including Japan and Western Europe, with 
     other spacefaring nations expected to develop such systems in 
     the near future; and
       (5) the development of an operational radar satellite 
     program at NASA featuring free-flying satellites and a 
     related ground system is critical to maintain United States 
     leadership in remote sensing satellite technology and is 
     important to our national security and international 
     competitiveness.
       (b) Policy.--It is the policy of the United States that--
       (1) NASA should develop and operate a radar satellite 
     program as soon as practicable;
       (2) NASA should build on the experience and knowledge 
     gained from its previous radar endeavors;
       (3) NASA should work with other Federal agencies and, as 
     appropriate, with other spacefaring nations, in its radar 
     satellite activities; and
       (4) NASA should make maximum use of existing National 
     remote sensing assets such as the Landsat system, activities 
     connected with the Mission to Planet Earth, and the data 
     management facilities of the Department of the Interior in 
     all of its radar satellite activities.
       (c) Program Requirements.--NASA shall initiate a program to 
     develop and operate a radar satellite program. The program 
     shall employ the most advanced radar satellite technology 
     currently available. To the maximum extent possible, all of 
     the data processing, dissemination, and archiving functions 
     shall be performed by the Department of the Interior. The 
     program should be planned in such a way that the data from 
     the radar satellite system are converted into a broad range 
     of informational products with research, commercial, and 
     government applications and any other applications that are 
     in the public interest and that such products are distributed 
     over the widest user community that is practicable, including 
     industry, academia, research institutions, local and State 
     governments, and other Federal agencies. The program should 
     coordinate with, and make appropriate use of, other remote 
     sensing satellite programs, such as the Landsat program.
       (d) Plan.--Within 90 days after the enactment of this Act, 
     the Administrator shall submit a detailed plan for 
     implementation of the radar satellite program to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science of the House of 
     Representatives. The plan should include--
       (1) the goals and mission of the program;
       (2) planned activities for the next 5 years to achieve such 
     goals and mission;

[[Page S 15308]]

       (3) strategies for maximizing the usefulness of the 
     satellite data to the scientific and academic communities, 
     the private sector, all levels of government, and the general 
     public;
       (4) concepts for integrating the program with other related 
     NASA activities (such as Mission to Planet Earth), the 
     Landsat program, and other current and emerging remote 
     sensing satellite programs and activities in the Federal 
     government and all other public and private sectors so that 
     the program complements and strengthens such programs and 
     activities and is not duplicative of these efforts;
       (5) concepts developed in consultation with Department of 
     the Interior, for processing, archiving, and disseminating 
     the satellite data using, to the maximum extent possible, 
     existing Federal government programs and assets at the 
     Department of the Interior and other Federal agencies;
       (6) targets and timetables for undertaking specific 
     activities and actions within the program;
       (7) a 5-year budget profile for the program; and
       (8) a comparison between the program and the radar 
     satellite programs of other spacefaring nations, addressing 
     their respective costs, capabilities, and other relevant 
     features.
       (e) Authorization.--Of the funds authorized in section 102 
     for the Earth Probes account, the Administrator shall 
     allocate at least $15,000,000 to the radar satellite program 
     to conduct Phase A and Phase B studies.

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

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

     SEC. 208. SHUTTLE PRIVATIZATION.

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

     SEC. 209. USE OF FUNDS FOR CONSTRUCTION.

       (a) Authorized Uses.--The Administrator may use funds 
     appropriate for purposes other than those appropriated for--
       (1) construction of facilities;
       (2) research and program management, excluding research 
     operations support; and
       (3) Inspector General,
     for the construction of new facilities and additions to, 
     repair of, rehabilitation of, or modification of, existing 
     facilities at any location in support of the purposes for 
     which such funds are appropriated.
       (b) Limitation.--None of the funds used pursuant to 
     subsection (a) may be expended for a project, the estimated 
     cost of which to the National Aeronautics and Space 
     Administration, including collateral equipment, exceeds 
     $750,000, until 30 days have passed after the Administrator 
     has notified the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate of the nature, location, and 
     estimated cost to the National Aeronautics and Space 
     Administration of such project.

     SEC. 210. CONSTRUCTION OF FACILITIES.

       (a) Reprogramming for Construction of Facilities.--If the 
     Administrator determines that--
       (1) new developments in the national program of 
     aeronautical and space activities have occurred;
       (2) such developments require the use of additional funds 
     for the purpose of construction, expansion, or modification 
     of facilities at any location; and
       (3) deferral of such action until the enactment of the next 
     National Aeronautics and Space Administration authorization 
     Act would be inconsistent with the interest of the Nation in 
     aeronautical and space sciences;

     the Administrator may use the amounts authorized for 
     construction of facilities pursuant to this Act or previous 
     National Aeronautics and Space Administration authorization 
     Acts for such purposes. The amounts may be used to acquire, 
     construct, convert, rehabilitate, or install temporary or 
     permanent public works, including land acquisition, site 
     preparation, appurtenances, utilities, and equipment. The 
     Administrator may use such amounts for facility 
     consolidations, closures, and demolition required to downsize 
     the NASA physical plant to improve operations and reduce 
     costs.
       (c) Limitations.--
       (1) Amounts appropriated for a construction-of-facilities 
     project--
       (A) may be varied upward by 10 percent at the discretion of 
     the Administrator; or
       (B) may be varied upward by 25 percent to meet unusual cost 
     variations after the expiration of 30 days following a report 
     on the circumstances of such action by the Administrator to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science of the House of 
     Representatives. The aggregate amount authorized to be 
     appropriated for construction of facilities shall not be 
     increased as a result of actions authorized under this 
     section.
       (2) No amounts may be obligated for a construction-of-
     facilities project until a period of 30 days has passed after 
     the Administrator or the Administrator's designee has 
     transmitted to the Committee on Science of the House of 
     Representatives, and to the Committee on Commerce, Science, 
     and Transportation of the Senate, a written report describing 
     the nature of the acquisition, construction, conversion, 
     rehabilitation, or installation, its cost, and the reasons 
     therefor.
       (d) Title to Facilities.--If funds are used pursuant to 
     subsection (a) for grants to institutions of higher 
     education, or to nonprofit organizations whose primary 
     purpose is the conduct of scientific research, for purchase 
     or construction of additional research facilities, title to 
     such facilities shall be vested in the United States unless 
     the Administrator determines that the national program of 
     aeronautical and space activities will best be served by 
     vesting title in the grantee institution or organization. 
     Each such grant shall be made under such conditions as the 
     Administrator shall determine to be required to ensure that 
     the United States will receive therefrom benefits adequate to 
     justify the making of that grant.

     SEC. 211. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

     SEC. 212. CONSIDERATION BY COMMITTEES.

       Notwithstanding any other provision of this Act--
       (1) no amount appropriated pursuant to this Act may be used 
     for any program deleted by the Congress from requests as 
     originally made to either the Committee on Science of the 
     House of Representatives or the Committee on Commerce, 
     Science, and Transportation of the Senate; and
       (2) no amount appropriated pursuant to the Act may be used 
     for any program in excess of 

[[Page S 15309]]
     the amount actually authorized for that particular program, excluding 
     construction-of-facility projects,

     unless a period of 30 days has passed after the receipt by 
     such Committee of notice given by the Administrator or the 
     Administrator's designee containing a full and complete 
     statement of the action proposed to be taken and the facts 
     and circumstances relied upon in support of the proposed 
     action. NASA shall keep those Committees fully and currently 
     informed with respect to all activities and responsibilities 
     within their jurisdiction. Except as otherwise provided by 
     law, any Federal department, agency, or independent 
     establishment shall furnish any information requested by 
     either such Committee relating to any activity or 
     responsibility.

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

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

     SEC. 214. REPORTING REQUIREMENTS.

       (a) Reporting Period.--Section 206(a) of the National 
     Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is 
     amended--
       (1) by striking ``January'' and inserting ``May''; and
       (2) by striking ``calendar'' and inserting ``fiscal''.
       (b) Protection of Commercially Valuable Information.--
     Section 303 of the National Aeronautics and Space Act of 1958 
     (42 U.S.C. 2454) is amended by adding at the end the 
     following:
       ``(c)(1) The Administrator may delay, for a period not to 
     exceed 5 years, the unrestricted public disclosure of 
     technical data, related to a competitively sensitive 
     technology, in the possession of, or under the control of, 
     the Administration that has been generated in the performance 
     of experimental, developmental, or research activities or 
     programs conducted by, or funded in whole or in part by, the 
     Administration, if the technical data has significant value 
     in maintaining leadership or competitiveness, in civil and 
     governmental aeronautical and space activities by the United 
     States industrial base.
       ``(2) The Administrator shall publish biannually in the 
     Federal Register a list of all competitively sensitive 
     technology areas which it believes have a significant value 
     in maintaining the United States leadership or 
     competitiveness in civil and governmental aeronautical and 
     space activities. The list shall be generated after 
     consultation with appropriate Government agencies and a 
     diverse cross section of companies--
       ``(A) that conduct a significant level of research, 
     development, engineering, and manufacturing in the United 
     States; and
       ``(B) the majority ownership or control of which is held by 
     United States citizens.
       ``(3) The Administrator shall provide an opportunity for 
     written objections to the list within a 60-day period after 
     it is published. After the expiration of that 60-day period, 
     and after consideration of all written objections received by 
     the Administrator during that period, NASA shall issue a 
     final list of competitively sensitive technology areas.
       ``(4) For purposes of this subsection, the term `technical 
     data' means any recorded information, including computer 
     software, that is or may be directly applicable to the 
     design, engineering, development, production, manufacture, or 
     operation of products or processes that may have significant 
     value in maintaining leadership or competitiveness in civil 
     and governmental aeronautical and space activities by the 
     United States industrial base.''.

     SEC. 215. INDEPENDENT RESEARCH AND DEVELOPMENT.

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

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

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

           TITLE III--COMMERCIAL SPACE LAUNCH ACT AMENDMENTS

     SEC. 301. AMENDMENT OF TITLE 49.

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

     SEC. 302. AMENDMENT OF SECTION 70101.

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

     SEC. 303. AMENDMENT OF SECTION 70102.

       Section 70102 (relating to definitions) is amended--
       (1) by inserting ``from Earth, including a reentry vehicle 
     and its payload, if any'' after ``and any payload'' in 
     paragraph (3);
       (2) by striking ``object'' the first place it appears in 
     paragraph (8) and inserting ``object, including a reentry 
     vehicle and its payload, if any,'';
       (3) by redesignating paragraphs (9) through (12) as 
     paragraphs (16) through (19), respectively;
       (4) by inserting after paragraph (8) the following:
       ``(9) `in-space transportation vehicle' means any vehicle 
     designed to operate in space and designed to transport any 
     payload or object substantially intact from one orbit to 
     another orbit.
       ``(10) `in-space transportation services' means--
       ``(A) those activities involved in the direct 
     transportation or attempted transportation of a payload or 
     object from one orbit to another;
       ``(B) the procedures, actions, and activities necessary for 
     conduct of those transportation services; and
       ``(C) the conduct of transportation services.
       ``(11) `in-space transportation control site' means a 
     location from which an in-space transportation vehicle is 
     controlled or operated (as such terms may be defined in any 
     license the Secretary issues or transfers under this 
     chapter).
       ``(12) `reenter' and `reentry' mean to return purposefully, 
     or attempt to return, a reentry vehicle and payload, if any, 
     from Earth orbit or outer space to Earth.
       ``(13) `reentry services' means--
       ``(A) activities involved in the preparation of a reentry 
     vehicle and its payload, if any, for reentry; and
       ``(B) the conduct of a reentry.
       ``(14) `reentry site' means the location on Earth to which 
     a reentry vehicle is intended to return (as defined in a 
     license the Secretary issues or transfers under this 
     chapter).
       ``(15) `reentry vehicle' means any vehicle designed to 
     return substantially intact from Earth orbit or outer space 
     to Earth.'';
       (5) by striking ``launch'' each place it appears in 
     paragraph (18), as redesignated and inserting ``launch 
     services, in-space transportation activities, or reentry''.
     
[[Page S 15310]]


     SEC. 304. AMENDMENT OF SECTION 70103.

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

     SEC. 305. AMENDMENT OF SECTION 70104.

       Section 70104 (relating to restrictions on launches and 
     operations) is amended--
       (1) by striking the section caption and inserting the 
     following:

     ``Restrictions on launches, in-space transportation 
       activities, operations, and reentries'';

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

     SEC. 306. AMENDMENT OF SECTION 70105.

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

     SEC. 307. AMENDMENT OF SECTION 70106.

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

     SEC. 308. AMENDMENT OF SECTION 70108.

       Section 70108 (relating to prohibition, suspension, and end 
     of launches and operation of launch sites) is amended--
       (1) by striking the section caption and inserting the 
     following:

     ``Prohibition, suspension, and end of launches, in-space 
       transportation activities, reentries, or operation of 
       launch sites, in-space transportation control sites, or 
       reentry sites'';

     and
       (2) by striking ``site'' in subsection (a) and inserting 
     ``site, in-space transportation control site, in-space 
     transportation activity, or reentry site, or reentry of a 
     reentry vehicle,''; and
       (3) by striking ``launch or operation'' in subsection (a) 
     and inserting ``launch, in-space transportation activity, 
     operation, or reentry''.

     SEC. 309. AMENDMENT OF SECTION 70109.

       (a) Caption.--The section caption of section 70109 
     (relating to preemption of scheduled launches) is amended to 
     read as follows:

     ``Preemption of scheduled launches, in-space transportation 
       activities, or reentries''.

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

     SEC. 310. AMENDMENT OF SECTION 70110.

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

     SEC. 311. AMENDMENT OF SECTION 70111.

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

     SEC. 312. AMENDMENT OF SECTION 70112.

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

     SEC. 313. AMENDMENT OF SECTION 70113.

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

     SEC. 314. AMENDMENT OF SECTION 70115.

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

     SEC. 315. AMENDMENT OF SECTION 70117.

       Section 70117 (relating to relationship to other executive 
     agencies, laws, and international obligations) is amended--
       (1) by striking ``vehicle or operate a launch site.'' in 
     subsection (a) and inserting ``vehicle, operate a launch 
     site, perform in-space transportation activities or operate 
     an in-space transportation control site or reentry site, or 
     reenter a reentry vehicle.'';
       (2) by striking ``launch'' in subsection (d) and inserting 
     ``launch, perform an in-space transportation activity, or 
     reentry'';
       (3) by striking subsections (f) and (g), and inserting the 
     following:
       ``(f) Launch Not an Export or Import.--A launch vehicle, 
     reentry vehicle, or payload that is launched or reentered is 
     not, because of the launch or reentry, an export or import 
     for purposes of a law controlling exports or imports.
       ``(g) Nonapplication.--This chapter does not apply to--
       ``(1) a launch, in-space transportation activity, reentry, 
     operation of a launch vehicle, in-space transportation 
     vehicle, or reentry vehicle, or of a launch site, in-space 
     transportation control site, or reentry site, or other space 
     activity the Government carries out for the Government; or
       ``(2) planning or policies related to the launch, in-space 
     transportation activity, reentry, or operation.''.
     
[[Page S 15311]]


     SEC. 316. REPORT TO CONGRESS.

       Chapter 701 is amended by adding at the end thereof the 
     following new section:

     ``Sec. 70120. Report to Congress

       ``The Secretary of Transportation shall submit to Congress 
     an annual report to accompany the President's budget request 
     that--
       ``(1) describes all activities undertaken under this 
     chapter, including a description of the process for the 
     application for and approval of licenses under this chapter 
     and recommendations for legislation that may further 
     commercial launches and reentries; and
       ``(2) reviews the performance of the regulatory activities 
     and the effectiveness of the Office of Commercial Space 
     Transportation.''.

     SEC. 317. AMENDMENT OF TABLE OF SECTIONS.

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

``70104. Restrictions on launches, in-space transportation activities, 
              operations, and reentries.'';

       (2) by amending the item relating to section 70108 to read 
     as follows:

``70108. Prohibition, suspension, and end of launches, in-space 
              transportation activities, reentries, or operation of 
              launch sites, in-space transportation control sites, or 
              reentry sites.'';

       (3) by amending the item relating to section 70109 to read 
     as follows:

``70109. Preemption of scheduled launches, in-space transportation 
              activities, or reentries.'';

     and
       (4) by adding at the end the following new item:

``70120. Report to Congress.''.

     SEC. 318. REGULATIONS.

       The Secretary of Transportation shall issue regulations 
     under chapter 701 of title 49, United States Code, that 
     include--
       (1) guidelines for industry to obtain sufficient insurance 
     coverage for potential damages to third parties;
       (2) procedures for requesting and obtaining licenses to 
     operate a commercial launch vehicle and reentry vehicle;
       (3) procedures for requesting and obtaining operator 
     licenses for launch and reentry; and
       (4) procedures for the application of government 
     indemnification.

     SEC. 319. SPACE ADVERTISING.

       (a) Definition.--Section 70102, as amended by section 303, 
     is amended by redesignating paragraphs (12) through (19) as 
     (13) through (20), respectively, and by inserting after 
     paragraph (11) the following new paragraph:
       ``(12) `obtrusive space advertising' means advertising in 
     outer space that is capable of being recognized by a human 
     being on the surface of the earth without the aid of a 
     telescope or other technological device;''.
       (b) Prohibition.--Chapter 701 is amended by inserting after 
     section 70109 the following new section:

     ``Sec. 70109a. Space advertising

       ``(a) Licensing.--Notwithstanding the provisions of this 
     chapter or any other provision of law, the Secretary shall 
     not--
       ``(1) issue or transfer a license under this chapter; or
       ``(2) waive the license requirements of this chapter;
     for the launch of a payload containing any material to be 
     used for the purposes of obtrusive space advertising.
       ``(b) Launching.--No holder of a license under this chapter 
     may launch a payload containing any material to be used for 
     purposes of obtrusive space advertising on or after the date 
     of enactment of the National Aeronautics and Space 
     Administration Authorization Act, Fiscal Year 1996.
       ``(c) Commercial Space Advertising.--Nothing in this 
     section shall apply to nonobtrusive commercial space 
     advertising, including advertising on commercial space 
     transportation vehicles, space infrastructure, payloads, 
     space launch facilities, and launch support facilities.''.
       (c) Negotiation With Foreign Launching Nations.--
       (1) The President is requested to negotiate with foreign 
     launching nations for the purpose of reaching an agreement or 
     agreements that prohibit the use of outer space for obtrusive 
     space advertising purposes.
       (2) It is the sense of Congress that the President should 
     take such action as is appropriate and feasible to enforce 
     the terms of any agreement to prohibit the use of outer space 
     for obtrusive space advertising purposes.
       (3) As used in this subsection, the term ``foreign 
     launching nation'' means a nation--
       (A) which launches, or procures the launching of, a payload 
     into outer space; or
       (B) from whose territory or facility a payload is launched 
     into outer space.
       (d) Clerical Amendment.--The table of sections for chapter 
     701 is amended by inserting the following after the item 
     relating to section 70109:

``70109a. Space advertising.''.

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