Calendar No. 387

105TH CONGRESS

2D SESSION S. 1250

[Report No. 105–195]

A BILL

To authorize appropriations for the National Aero1998 and 1999, and for other purposes. nautics and Space Administration for fiscal years

MAY 22, 1998

Reported with an amendment and an amendment to the

title
II

Calendar No. 387

105TH CONGRESS

2D SESSION S. 1250

[Report No. 105–195]

To authorize appropriations for the National Aeronautics and Space

Administration for fiscal years 1998 and 1999, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 3, 1998

Mr. FRIST (for himself, Mr. ROCKEFELLER, Mr. BURNS, and Mr. STEVENS)

introduced the following bill; which was read twice and referred to the

Committee on Commerce, Science, and Transportation

MAY 22, 1998

Reported by Mr. MCCAIN, with an amendment and an amendment to the title

[Strike all after the enacting clause and insert the part printed in italic]

A BILL

To authorize appropriations for the National Aeronautics

and Space Administration for fiscal years 1998 and

1999, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘National Aeronautics and Space Administration Author4 ization Act for Fiscal Years 1998 and 1999’’.

5 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I—AUTHORIZATION OF APPROPRIATIONS

Subtitle A—Authorizations

Sec. 101. Human space flight.

Sec. 102. Science, aeronautics, and technology.

Sec. 103. Mission support.

Sec. 104. Inspector General.

Subtitle B—Limitations and Special Authority

Sec. 111. Use of funds for construction.

Sec. 112. Availability of appropriated amounts.

Sec. 113. Reprogramming for construction of facilities.

Sec. 114. Consideration by committees.

Sec. 115. Use of funds for scientific consultations or extraordinary expenses.

Sec. 116. Experimental Program to Stimulate Competitive Research.

TITLE II—INTERNATIONAL SPACE STATION

Sec. 201. Findings.

Sec. 202. Commercialization of Space Station.

Sec. 203. International Space Station limitations.

Sec. 204. National Research Council study.

Sec. 205. Limitation on the International Space Station budget.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. National Aeronautics and Space Act of 1958 amendments.

Sec. 302. Acquisition of space science data.

Sec. 303. Acquisition of Earth science data.

Sec. 304. Shuttle privatization.

Sec. 305. Launch voucher demonstration program amendments.

Sec. 306. Use of existing facilities.

Sec. 307. Authority to reduce or suspend contract payments based on substantial evidence of fraud.

Sec. 308. Next Generation Internet.

Sec. 309. Notice.

Sec. 310. Sense of Congress on the year 2000 problem.

Sec. 311. Unitary Wind Tunnel Plan Act of 1949 amendments.

Sec. 312. Enhancement of science and mathematics programs.

Sec. 313. Authority to vest title.

Sec. 314. NASA mid-range procurement test program.
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Sec. 315. Space advertising.

Sec. 316. Administration of Commercial Space Center program.

Sec. 317. Insurance; indemnification; liability.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) The National Aeronautics and Space Ad4 ministration should continue to pursue actions and

5 reforms directed at reducing institutional costs, in6 cluding management restructuring, facility consoli7 dation, procurement reform, personnel base

8 downsizing, and convergence with other defense and

9 commercial sector systems, while sustaining safety

10 standards for personnel and hardware.

11 (2) The National Aeronautics and Space Ad12 ministration should sustain its proud history as the

13 leader of the United States in basic aeronautics and

14 space research.

15 (3) The United States is on the verge of creat16 ing and using new technologies in microsatellites, in17 formation processing, and space launches that could

18 radically alter the manner in which the Federal Gov19 ernment approaches its space mission.

20 (4) The Federal Government should invest in

21 the types of research and innovative technology in

22 which United States commercial providers do not in23 vest, while avoiding competition with the activities in

24 which United States commercial providers do invest.
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1 (5) International cooperation in space explo2 ration and science activities serves the interest of the

3 United States.

4 (6) In participating in the National Aeronauti5 cal Test Alliance, the National Aeronautics and

6 Space Administration and the Department of De7 fense should cooperate more effectively in leveraging

8 the mutual capabilities of these agencies to conduct

9 joint aeronautics and space missions that not only

10 improve United States aeronautics and space capa11 bilities, but also reduce the cost of conducting those

12 missions.

13 SEC. 3. DEFINITIONS.

14 In this Act:

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the National

17 Aeronautics and Space Administration.

18 (2) COMMERCIAL PROVIDER.—The term ‘‘com19 mercial provider’’ means any person providing space

20 transportation services or other space-related activi21 ties, the primary control of which is held by persons

22 other than a Federal, State, local, or foreign govern23 ment.

24 (3) CRITICAL PATH.—The term ‘‘critical path’’

25 means the sequence of events of a schedule of events
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1 under which a delay in any event causes a delay in

2 the overall schedule.

3 (4) GRANT AGREEMENT.—The term ‘‘grant

4 agreement’’ has the meaning given that term in sec5 tion 6302(2) of title 31, United States Code.

6 (5) INSTITUTION OF HIGHER EDUCATION.—The

7 term ‘‘institution of higher education’’ has the

8 meaning given such term in section 1201(a) of the

9 Higher Education Act of 1965 (20 U.S.C. 1141(a)).

10 (6) MAJOR REORGANIZATION.—With respect to

11 the National Aeronautics and Space Administration,

12 the term ‘‘major reorganization’’ means any reorga13 nization of the Administration that involves the reas14 signment of more than 25 percent of the employees

15 of the National Aeronautics and Space Administra16 tion.

17 (7) STATE.—The term ‘‘State’’ means each of

18 the several States of the United States, the District

19 of Columbia, the Commonwealth of Puerto Rico, the

20 Virgin Islands, Guam, American Samoa, the Com21 monwealth of the Northern Mariana Islands, and

22 any other commonwealth, territory, or possession of

23 the United States.
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1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS

3 Subtitle A—Authorizations

4 SEC. 101. HUMAN SPACE FLIGHT.

5 (a) IN GENERAL.—There are authorized to be appro6 priated to the National Aeronautics and Space Adminis7 tration for human space flight—

8 (1) for the International Space Station—

9 (A) $2,271,300,000 for fiscal year 1998, of

10 which $245,100,000, notwithstanding section

11 121(a), shall be used only for Space Station re12 search; and

13 (B) $2,100,000,000 for fiscal year 1999,

14 of which $252,453,000, notwithstanding section

15 121(a), shall be used only for Space Station re16 search;

17 (2) for Russian Program Assurance,

18 $50,000,000 for fiscal year 1998;

19 (3) for space shuttle operations—

20 (A) $2,444,400,000 for fiscal year 1998;

21 and

22 (B) $2,569,232,000 for fiscal year 1999;

23 (4) for space shuttle safety and performance

24 upgrades—
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1 (A) $483,400,000 for fiscal year 1998, in2 cluding related construction of facilities of

3 which—

4 (i) $2,200,000 shall be used for the

5 repair of a payload changeout room wall

6 and ceiling, Pad A, Kennedy Space Center;

7 (ii) $1,800,000 shall be used for the

8 restoration of the pad surface and slope,

9 Pad A, Kennedy Space Center; and

10 (iii) $2,800,000 shall be used for the

11 rehabilitation of a 480V electrical distribu12 tion system, Michoud Assembly Facility;

13 and

14 (B) $497,902,000 for fiscal year 1999; and

15 (5) for payload and utilization operations—

16 (A) $227,400,000 for fiscal year 1998; and

17 (B) $234,222,000 for fiscal year 1999.

18 (b) AVAILABILITY OF INTERNATIONAL SPACE STA19 TION FUNDING.—Of the amounts made available to the

20 National Aeronautics and Space Administration under

21 subsection (a)(1)(A)—

22 (1) $1,500,000,000 shall be available for the

23 purpose specified in that section before March 31,

24 1998; and
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1 (2) $771,300,000 shall be made available after

2 that date if the Administrator has met the applicable

3 requirements under section 205.

4 SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

5 There are authorized to be appropriated to the Na6 tional Aeronautics and Space Administration for Science,

7 Aeronautics, and Technology—

8 (1) for Space Science—

9 (A) $2,043,800,000 for fiscal year 1998, of

10 which—

11 (i) $45,600,000 shall be used for the

12 gravity probe B;

13 (ii) $1,200,000 shall be used for the

14 Near Earth Object Survey; and

15 (iii) $507,400,000 shall be used for

16 mission operations and data analysis, of

17 which $150,000,000 shall be used for data

18 analysis; and

19 (B) $2,105,214,000 for fiscal year 1999;

20 (2) for life and microgravity sciences and appli21 cations—

22 (A) $214,200,000 for fiscal year 1998; and

23 (B) $220,660,000 for fiscal year 1999;

24 (3) for Mission to Planet Earth—
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1 (A) $1,417,300,000 for fiscal year 1998;

2 and

3 (B) $1,459,819,000 for fiscal year 1999;

4 (4) for aeronautics and space transportation

5 technology—

6 (A) $1,469,500,000 for fiscal year 1998, of

7 which—

8 (i) $920,100,000 shall be used for

9 aeronautical research and technology, of

10 which not less than $100,000,000 shall be

11 used for the Aviation Safety Program;

12 (ii) $396,600,000 shall be used for

13 advanced space transportation technology,

14 of which $333,500,000 shall be used only

15 for the X–33 advanced technology dem16 onstration vehicle program; and

17 (iii) $152,800,000 shall be used for

18 commercial technology; and

19 (B) $1,513,585,000 for fiscal year 1999,

20 of which—

21 (i) $947,703,000 shall be used for

22 aeronautical research and technology, of

23 which not less than $100,000,000 shall be

24 used for the Aviation Safety Program;
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1 (ii) $408,498,000 shall be used for

2 advanced space transportation technology,

3 of which $313,900,000 shall be used only

4 for the X–33 advanced technology dem5 onstration vehicle program; and

6 (iii) $157,384,000 shall be used for

7 commercial technology;

8 (5) for mission communication services—

9 (A) $400,800,000 for fiscal year 1998; and

10 (B) $412,824,000 for fiscal year 1999;

11 (6) for academic programs—

12 (A) $116,400,000 for fiscal year 1998, of

13 which—

14 (i) $15,300,000 shall be used for the

15 National Space Grant College and Fellow16 ship Program; and

17 (ii) $45,900,000 shall be used for mi18 nority university research and education at

19 institutions such as Hispanic-serving insti20 tutions (as that term is defined in section

21 316(b)(1) of the Higher Education Act of

22 1965 (20 U.S.C. 1059c(b)(1))) and tribally

23 controlled community colleges (as that

24 term is defined in section 2(a)(4) of the

25 Tribally Controlled Community College As-
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1 sistance Act of 1978 (25 U.S.C.

2 1801(a)(4))) including $30,500,000 for

3 historically black colleges and universities;

4 and

5 (B) $119,892,000 for fiscal year 1999, of

6 which $47,277,000 shall be used for minority

7 university research and education (at institu8 tions such as Hispanic-serving institutions and

9 tribally controlled community colleges) of which

10 $31,415,000 shall be used for historically black

11 colleges and universities; and

12 (7) $5,700,000 for fiscal year 1998 for the con13 struction of facilities, of which—

14 (A) $2,000,000 shall be used for modifica15 tions for the installation of the Bio-Plex facility

16 at the Johnson Space Center; and

17 (B) $3,700,000 shall be used for the reha18 bilitation and modification of the B–2 test

19 stand at the Stennis Space Center.

20 SEC. 103. MISSION SUPPORT.

21 There are authorized to be appropriated to the Na22 tional Aeronautics and Space Administration for mission

23 support—

24 (1) for safety, reliability, and quality assur25 ance—
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1 (A) $37,800,000 for fiscal year 1998; and

2 (B) $38,934,000 for fiscal year 1999;

3 (2) for space communication services—

4 (A) $225,700,000 for fiscal year 1998; and

5 (B) $253,071,000 for fiscal year 1999;

6 (3)(A) for construction of facilities, including

7 land acquisition, $139,400,000 for fiscal year 1998,

8 of which—

9 (i) $2,700,000 shall be used for the mod10 ernization of the process cooling system of the

11 Numerical Aerodynamic Simulation Facility,

12 Ames Research Center;

13 (ii) $2,800,000 shall be used for the reha14 bilitation and modification of the hangar and

15 shop of the Dryden Flight Research Center;

16 (iii) $2,400,000 shall be used for the res17 toration of the chilled water distribution system

18 at the Goddard Space Flight Center;

19 (iv) $4,600,000 shall be used for the res20 toration of the Space/Terrestrial Application

21 Facility at the Goddard Space Flight Center;

22 (v) $4,800,000 shall be used for the con23 struction of emergency services facility at the

24 Jet Propulsion Laboratory;
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1 (vi) $5,900,000 shall be used for the up2 grade of the Utility Annex Chilled Water Plant,

3 at the Kennedy Space Center;

4 (vii) $9,400,000 shall be used for the reha5 bilitation of the high-voltage system at the

6 Lewis Research Center;

7 (viii) $7,000,000 shall be used for the

8 modification of the chilled water system at the

9 Marshall Space Flight Center;

10 (ix) $65,700,000 shall be used for the

11 minor revitalization of facilities at various loca12 tions, not in excess of $1,500,000 per project;

13 (x) $1,100,000 shall be used for minor

14 construction of new facilities and additions to

15 existing facilities at various locations;

16 (xi) $19,000,000 shall be used for facility

17 planning and design, not otherwise provided for;

18 and

19 (xii) $34,000,000 shall be used for envi20 ronmental compliance and restoration; and

21 (B) $164,182,000 shall be used for construction

22 of facilities, including land acquisition, for fiscal year

23 1999; and
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1 (4) for research and program management, in2 cluding personnel and related costs, travel, and re3 search operations support—

4 (A) $2,040,300,000 for fiscal year 1998;

5 and

6 (B) $2,132,409,000 for fiscal year 1999.

7 SEC. 104. INSPECTOR GENERAL.

8 There are authorized to be appropriated to the Na9 tional Aeronautics and Space Administration for Inspector

10 General—

11 (1) $18,300,000 for fiscal year 1998; and

12 (2) $18,849,000 for fiscal year 1999.

13 Subtitle B—Limitations and

14 Special Authority

15 SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

16 (a) AUTHORIZED USES.—Funds made available by

17 appropriations under paragraphs (1) through (4) of sec18 tion 101, section 102, and paragraphs (1) and (2) of sec19 tion 103 and funds made available by appropriations for

20 research operations support pursuant to section 103(4)

21 may, at any location in support of the purposes for which

22 such funds are appropriated, be used for—

23 (1) the construction of new facilities; and

24 (2) additions to, repair of, rehabilitation of, or

25 modification of existing facilities (in existence on the
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1 date on which such funds are made available by ap2 propriation).

3 (b) LIMITATION.—

4 (1) IN GENERAL.—Until the date specified in

5 paragraph (2), no funds may be expended pursuant

6 to subsection (a) for a project, with respect to which

7 the estimated cost to the National Aeronautics and

8 Space Administration, including collateral equip9 ment, exceeds $1,000,000.

10 (2) DATE.—The date specified in this para11 graph is the date that is 30 days after the Adminis12 trator notifies the Committee on Commerce, Science,

13 and Transportation of the Senate and the Commit14 tee on Science of the House of Representatives of

15 the nature, location, and estimated cost to the Na16 tional Aeronautics and Space Administration of the

17 project referred to in paragraph (1).

18 (c) TITLE TO FACILITIES.—

19 (1) IN GENERAL.—If funds are used pursuant

20 to subsection (a) for grants for the purchase or con21 struction of additional research facilities to institu22 tions of higher education, or to nonprofit organiza23 tions whose primary purpose is the conduct of sci24 entific research, title to these facilities shall be vest25 ed in the United States.
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1 (2) EXCEPTION.—If the Administrator deter2 mines that the national program of aeronautical and

3 space activities will best be served by vesting title to

4 a facility referred to in paragraph (1) in an institu5 tion or organization referred to in that paragraph,

6 the title to that facility shall vest in that institution

7 or organization.

8 (3) CONDITION.—Each grant referred to in

9 paragraph (1) shall be made under such conditions

10 as the Administrator determines to be necessary to

11 ensure that the United States will receive benefits

12 from the grant that are adequate to justify the mak13 ing of the grant.

14 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

15 To the extent provided in appropriations Acts, appro16 priations authorized under subtitle A may remain avail17 able without fiscal year limitation.

18 SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA19 CILITIES.

20 (a) USE OF CONSTRUCTION FUNDS.—Subject to sub21 section (b), in addition to the amounts authorized for con22 struction of facilities under clauses (i) through (iii) of sec23 tion 101(3)(A), paragraph (7) of section 102, or section

24 103(3), the Administrator may, for that purpose, from

25 funds otherwise available to the Administrator—
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1 (1) use an additional amount equal to 10 per2 cent of the amount specified; or

3 (2) to meet unusual cost variations, use an ad4 ditional amount equal to 25 percent of that amount,

5 after the termination of a 30-day period beginning

6 on the date on which the Administrator submits a

7 report on the circumstances of such action by the

8 Administrator to the Committee on Commerce,

9 Science, and Transportation of the Senate and the

10 Committee on Science of the House of Representa11 tives.

12 (b) LIMITATION.—The aggregate amount authorized

13 to be appropriated for construction of facilities under

14 clauses (i) through (iii) of section 101(4)(A), paragraph

15 (7) of section 102, and section 103(3) shall not be in16 creased as a result of any action taken by the Adminis17 trator under paragraph (1) or (2).

18 SEC. 114. CONSIDERATION BY COMMITTEES.

19 (a) IN GENERAL.—

20 (1) LIMITATION ON USE OF FUNDS.—Except as

21 provided in subsection (b), notwithstanding any

22 other provision of law, no amount made available by

23 appropriations for the National Aeronautics and

24 Space Administration in excess of the amount au-
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1 thorized for that program under this title may be

2 used for any program with respect to which—

3 (A) the annual budget request submitted

4 by the President under section 1105(a) of title

5 31, United States Code, included a request for

6 funding; and

7 (B) for the fiscal year of the request re8 ferred to in subparagraph (A), Congress denied

9 or did not provide funding.

10 (2) PROHIBITION.—Notwithstanding any other

11 provision of law, no amount made available by ap12 propriations to the National Aeronautics and Space

13 Administration may be used for any program that is

14 not authorized under this Act, except for projects for

15 construction of facilities.

16 (b) EXCEPTION.—Funds may be used for a program

17 of the National Aeronautics and Space Administration

18 upon the expiration of the 30-day period beginning on the

19 date on which the Administrator provides a notice to the

20 Committee on Commerce, Science, and Transportation of

21 the Senate and the Committee on Science of the House

22 of Representatives that contains—

23 (1) a full and complete statement of the action

24 proposed to be taken by the Administrator with re25 spect to that program; and
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1 (2) the facts and circumstances that the Ad2 ministrator relied on to support the proposed action

3 referred to in paragraph (1).

4 (c) INFORMATION.—The Administrator shall keep the

5 Committee on Commerce, Science, and Transportation of

6 the Senate and the Committee on Science of the House

7 of Representatives fully and currently informed with re8 spect to all activities and responsibilities of the National

9 Aeronautics and Space Administration within the jurisdic10 tion of those committees.

11 SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

12 OR EXTRAORDINARY EXPENSES.

13 Not more than $35,000 of the amounts made avail14 able by appropriations pursuant to section 103 may be

15 used by the Administrator for scientific consultations or

16 extraordinary expenses.

17 SEC. 116. EXPERIMENTAL PROGRAM TO STIMULATE COM18 PETITIVE RESEARCH.

19 Of the amounts authorized to be appropriated for

20 academic programs under section 102(a)(6), for each of

21 fiscal years 1998 and 1999, the Administrator shall use

22 $10,000,000 for the program known as the Experimental

23 Program to Stimulate Competitive Research.
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1 TITLE II—INTERNATIONAL

2 SPACE STATION

3 SEC. 201. FINDINGS.

4 Congress finds that—

5 (1) the development, assembly, and operation of

6 the International Space Station is in the national in7 terest of the United States;

8 (2) the significant involvement by commercial

9 providers in marketing and using, competitively serv10 icing, and commercially augmenting the operational

11 capabilities of the International Space Station dur12 ing its assembly and operational phases could poten13 tially lower costs and increase benefits to the inter14 national partners; and

15 (3) when completed, the International Space

16 Station will be the largest, most capable micro17 gravity research facility ever developed. It will pro18 vide a lasting framework for conducting large-scale

19 science programs with international partners and it

20 is the next step in the human exploration of space.

21 The United States should commit to completing this

22 program, thereby reaping the benefits of scientific

23 research and international cooperation.

24 SEC. 202. COMMERCIALIZATION OF SPACE STATION.

25 (a) POLICY.—Congress declares that—
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1 (1) the cost-effective construction of the Inter2 national Space Station is a priority goal; and

3 (2) the use of free market principles in operat4 ing, servicing, allocating the use of, and adding ca5 pabilities to the International Space Station, and the

6 resulting fullest possible engagement of commercial

7 providers and participation of commercial users,

8 could potentially reduce Space Station operational

9 costs for all partners in the International Space Sta10 tion.

11 (b) REPORTS.—

12 (1) STUDY ON OPPORTUNITIES FOR COMMER13 CIAL PROVIDERS.—Not later than 90 days after the

14 date of enactment of this Act, the Administrator

15 shall conduct a study and prepare and submit to the

16 Committee on Commerce, Science, and Transpor17 tation of the Senate and the Committee on Science

18 of the House of Representatives, a report on the

19 findings of that study.

20 (2) CONTENTS OF STUDY.—The study con21 ducted under this subsection shall identify and ex22 amine—

23 (A) the opportunities for commercial pro24 viders to play a role in International Space Sta-
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1 tion activities, including operation, use, servic2 ing, and augmentation;

3 (B) the potential cost savings to be derived

4 from commercial providers playing a role in

5 each of the activities referred to in subpara6 graph (A);

7 (C) the activities of the International

8 Space Station with respect to which the Federal

9 Government has a unique role or a role that is

10 more cost-effective than could otherwise be pro11 vided by a commercial provider;

12 (D) which of the opportunities described in

13 subparagraph (A) (if any) the Administrator

14 plans to make available to commercial providers

15 in fiscal years 1998 and 1999;

16 (E) the specific policies and initiatives that

17 the Administrator is advancing to encourage

18 and facilitate the commercial opportunities re19 ferred to in subparagraph (A); and

20 (F) the revenues and cost reimbursements

21 to the Federal Government from commercial

22 users of the International Space Station.

23 (3) INDEPENDENTLY CONDUCTED MARKET

24 STUDY.—The Administrator shall—
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1 (A) provide for an independently conducted

2 market study that—

3 (i) examines and evaluates potential

4 industry interest in—

5 (I) providing commercial goods

6 and services for the operation, servic7 ing, and augmentation of the Inter8 national Space Station; and

9 (II) the commercial use of the

10 International Space Station; and

11 (ii) includes updates to the cost sav12 ings and revenue estimates made in the

13 study described in paragraph (1), based on

14 the external market assessment; and

15 (B) submit a report on the findings of the

16 study to the Committee on Commerce, Science,

17 and Transportation of the Senate and the Com18 mittee on Science of the House of Representa19 tives, within 180 days after the date of enact20 ment of this Act.

21 SEC. 203. INTERNATIONAL SPACE STATION LIMITATIONS.

22 (a) TRANSFER OF FUNDS TO RUSSIA.—

23 (1) IN GENERAL.—No funds or in-kind pay24 ments shall be transferred to any entity of the Gov25 ernment of Russia or any Russian contractor to per-
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1 form work on the International Space Station which

2 the Government of Russia pledged, at any time, to

3 provide at the expense of the Government of Russia.

4 (2) APPLICABILITY.—This section shall not

5 apply to the purchase or modification of the Russian

6 built, United States owned Functional Cargo Block,

7 known as the ‘‘FCB’’.

8 (b) CONTINGENCY PLAN FOR RUSSIAN ELEMENTS IN

9 CRITICAL PATH.—

10 (1) IN GENERAL.—Not later than 90 days after

11 the date of enactment of this Act, the Administrator

12 shall develop and submit to Congress a contingency

13 plan for the replacement of each element of the

14 International Space Station for which the Govern15 ment of Russia is responsible that lies in the critical

16 path of the Space Station, including operations.

17 (2) CONTENTS OF PLAN.—The plan submitted

18 under this subsection shall include—

19 (A) decision points for replacing the ele20 ments referred to in paragraph (1) if the Inter21 national Space Station is to be completed;

22 (B) the cost of implementing each decision

23 referred to in subparagraph (A); and
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1 (C) the cost of replacing such a critical

2 path element after the applicable decision point

3 has passed, if—

4 (i) the decision at that point is not to

5 replace that element; and

6 (ii) the Administrator determines

7 after the decision referred to in clause (i)

8 is made that the Government of Russia

9 will be unable to provide the critical path

10 element in a manner to allow completion of

11 the International Space Station; and

12 (D)(i) the source of the funds necessary to

13 implement the contingency plan; and

14 (ii) an assessment of the impact of the

15 contingency plan on programs that have been

16 approved by the Administrator before the devel17 opment of the contingency plan.

18 (c) ASTRONAUTS ON MIR.—Beginning on the date of

19 enactment of this Act, the Administrator shall not place

20 a United States astronaut on board the Mir Space Station,

21 without the Space Shuttle attached to Mir, until the Ad22 ministrator assures Congress in writing that the Mir

23 Space Station is safe for human occupancy, and that as24 surance shall be based on an independent review of the

25 safety of the Mir Space Station.
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1 SEC. 204. NATIONAL RESEARCH COUNCIL STUDY.

2 (a) IN GENERAL.—The Administrator shall use not

3 less than $400,000 of the amounts appropriated to the

4 National Aeronautics and Space Administration pursuant

5 to the authorizations contained in this Act to provide for

6 a study under this section.

7 (b) CONTENTS OF STUDY.—To carry out this section,

8 the Administrator shall enter into a contract or other ap9 propriate arrangement with the appropriate official of the

10 National Research Council of the National Academy of

11 Sciences to provide for a study that evaluates, with respect

12 to any potential effects on the assembly schedule, budget,

13 and capabilities of the Space Station—

14 (1) the engineering challenges posed by—

15 (A) extravehicular (commonly referred to

16 as ‘‘EVA’’) requirements; and

17 (B) space launch requirements of the

18 United States and other foreign countries;

19 (2) the potential need to upgrade or replace

20 equipment and components of the Space Station

21 after the assembly of the Space Station is complete;

22 and

23 (3) the requirement to decommission and dis24 assemble the Space Station.

25 (c) REPORTS.—
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1 (1) INTERIM REPORT.—Not later than June 1,

2 1998, the Administrator shall submit to Congress an

3 interim report that contains the findings of the Na4 tional Research Council as of that date with respect

5 to the study conducted under this section.

6 (2) FINAL REPORT.—Not later than September

7 1, 1998, upon completion of the study under this

8 section, the Administrator shall submit to Congress

9 a final report on the findings of the National Re10 search Council with respect to the study.

11 SEC. 205. LIMITATION ON THE INTERNATIONAL SPACE STA12 TION BUDGET.

13 Taking into account the number of design changes

14 needed in the International Space Station and the infor15 mation that Congress has received concerning the rising

16 costs that will be associated with the International Space

17 Station, the Administrator, in consultation with the Comp18 troller General of the United States, shall—

19 (1) establish an updated total life cycle cost es20 timate for the International Space Station by not

21 later than 90 days after the date of enactment of

22 this Act; and

23 (2) prepare, and submit to the Committee on

24 Commerce, Science, and Transportation of the Sen-
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1 ate and the Committee on Science of the House of

2 Representatives a report that contains—

3 (A) the updated total life cycle cost esti4 mate referred to in paragraph (1) and an expla5 nation of how the costs will be shared among

6 international project partners; and

7 (B) recommendations for the maximum ag8 gregate amount necessary to carry out the

9 International Space Station for the remaining

10 fiscal years of the International Space Station

11 program, for inclusion in the budget for the

12 International Space Station, including a break13 down of the maximum amount necessary for—

14 (i) research;

15 (ii) design;

16 (iii) construction;

17 (iv) delivery;

18 (v) launch;

19 (vi) operation;

20 (vii) assembly; and

21 (viii) disassembly.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

4 AMENDMENTS.

5 (a) DECLARATION OF POLICY AND PURPOSE.—Sec6 tion 102 of the National Aeronautics and Space Act of

7 1958 (42 U.S.C. 2451) is amended—

8 (1) by striking subsection (f);

9 (2) by redesignating subsections (g) and (h) as

10 subsections (f) and (g), respectively; and

11 (3) in subsection (g), as redesignated by para12 graph (1) of this subsection, by striking ‘‘(f), and

13 (g)’’ and inserting ‘‘and (f)’’.

14 (b) REPORTS TO CONGRESS.—Section 206(a) of the

15 National Aeronautics and Space Act of 1958 (42 U.S.C.

16 2476(a)) is amended—

17 (1) by striking ‘‘January’’ and inserting ‘‘May’’;

18 and

19 (2) by striking ‘‘calendar’’ and inserting ‘‘fis20 cal’’.

21 (c) DISCLOSURE OF TECHNICAL DATA.—Section 303

22 of the National Aeronautics and Space Act of 1958 (42

23 U.S.C. 2454) is amended by adding at the end the follow24 ing new subsection:
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1 ‘‘(c) The Administrator may delay for a period not

2 to exceed 5 years after development, the unrestricted pub3 lic disclosure of technical data that would have been a

4 trade secret or commercial or financial information that

5 is privileged or confidential under the meaning of section

6 552(b)(4) of title 5, United States Code, if the information

7 had been obtained from a non-Federal party, in any case

8 in which the technical data is generated in the perform9 ance of experimental, developmental, or research activities

10 or programs conducted by, or funded in whole or in part

11 by, the Administration. The technical data referred to in

12 the preceding sentence shall not be subject to the disclo13 sure requirements of section 552 of title 5, United States

14 Code.’’.

15 SEC. 302. ACQUISITION OF SPACE SCIENCE DATA.

16 (a) ACQUISITION FROM COMMERCIAL PROVIDERS.—

17 The Administrator may, if practicable and cost-effective,

18 while satisfying the scientific requirements of the National

19 Aeronautics and Space Administration, acquire space

20 science data from a commercial provider.

21 (b) SPACE SCIENCE DATA.—For purposes of this sec22 tion, the term ‘‘space science data’’ includes—

23 (1) scientific data concerning the elemental and

24 mineralogical resources of the moon, asteroids, plan25 ets and their moons, and comets;
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1 (2) Earth environmental data obtained through

2 remote sensing observations; and

3 (3) solar storm monitoring.

4 (c) SAFETY STANDARDS.—Nothing in this section

5 shall be construed to prohibit the Federal Government

6 from requiring compliance with applicable safety stand7 ards.

8 (d) LIMITATION.—This section does not authorize the

9 Administrator to provide financial assistance for the devel10 opment of commercial systems for the collection of space

11 science data.

12 SEC. 303. ACQUISITION OF EARTH SCIENCE DATA.

13 (a) ACQUISITION.—For purposes of meeting Govern14 ment goals for Mission to Planet Earth, the Administrator

15 may, if practicable and cost-effective, while satisfying the

16 scientific requirements of the National Aeronautics and

17 Space Administration, procure from a commercial pro18 vider, if cost-effective, space-based and airborne Earth re19 mote sensing data, services, distribution, and applications

20 of an aggregate value not to exceed $50,000,000.

21 (b) SAFETY STANDARDS.—Nothing in this section

22 shall be construed to prohibit the Federal Government

23 from requiring compliance with applicable safety stand24 ards.
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1 SEC. 304. SHUTTLE PRIVATIZATION.

2 Not later than 90 days after the date of enactment

3 of this Act, the Administrator shall prepare, and submit

4 to the Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Science of the

6 House of Representatives a report containing—

7 (1) the findings and recommendations of the

8 Independent Shuttle Management Review Team; and

9 (2) findings and recommendations concerning

10 possible options for resolving the major policy and

11 legal issues that are required to be addressed before

12 the Shuttle is privatized, including whether—

13 (A) the Federal Government or the Shuttle

14 contractor should own the Shuttle orbiters and

15 Shuttle ground facilities;

16 (B)(i) commercial payloads should be al17 lowed to be launched on the Shuttle; and

18 (ii) any classes of payloads should be made

19 ineligible for launch consideration;

20 (C) the public interest requires that certain

21 Shuttle functions continue to be performed by

22 the Federal Government; and

23 (D) privatization of the Shuttle would

24 produce any significant cost saving, and if so,

25 the estimated amount of those cost savings.
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1 SEC. 305. LAUNCH VOUCHER DEMONSTRATION PROGRAM

2 AMENDMENTS.

3 Section 504 of the National Aeronautics and Space

4 Administration Authorization Act, Fiscal Year 1993 (15

5 U.S.C. 5803) is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘the Office of Commercial

8 Programs within’’; and

9 (B) by striking ‘‘Such program shall not

10 be effective after September 30, 1995.’’;

11 (2) by striking subsection (c); and

12 (3) by redesignating subsections (d) and (e) as

13 subsections (c) and (d), respectively.

14 SEC. 306. USE OF EXISTING FACILITIES.

15 (a) IN GENERAL.—In any case in which the Adminis16 trator considers the purchase, lease, or expansion of a fa17 cility to meet requirements of the National Aeronautics

18 and Space Administration, the Administrator, taking into

19 account the applicable requirements of Federal law relat20 ing to the use or disposal of excess or surplus property,

21 including the Federal Property and Administrative Serv22 ices Act of 1949, shall—

23 (1) consider whether there is available to the

24 Administrator for use for meeting those require25 ments—
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1 (A) any military installation that is closed

2 or being closed;

3 (B) any facility at an installation referred

4 to in subparagraph (A); or

5 (C) any other facility that the Adminis6 trator determines to be—

7 (i) owned or leased by the United

8 States for the use of another agency of the

9 Federal Government; and

10 (ii) considered by the head of the

11 agency involved—

12 (I) to be excess to the needs of

13 that agency; or

14 (II) to be underutilized by that

15 agency; and

16 (2) in the case of an underutilized facility avail17 able in part for use to meet those requirements, con18 sider locating an activity of the National Aeronautics

19 and Space Administration for which a facility is re20 quired at that underutilized facility in such manner

21 as to share the use of the facility with 1 or more

22 agencies of the Federal Government.

23 (b) ADDITION OR EXPANSION.—To the maximum ex24 tent feasible and cost-effective (and not inconsistent with

25 the purposes of the Defense Base Closure and Realign-
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1 ment Act of 1990 (104 Stat. 1808 et seq.) and the amend2 ments made by that Act), the Administrator shall meet

3 the requirements of the National Aeronautics and Space

4 Administration for additional or expanded facilities by

5 using facilities that—

6 (1) the Administrator considers, pursuant to

7 subsection (a), to be available to the Administrator

8 for use to meet those requirements; and

9 (2) meet the management needs of the National

10 Aeronautics and Space Administration.

11 SEC. 307. AUTHORITY TO REDUCE OR SUSPEND CONTRACT

12 PAYMENTS BASED ON SUBSTANTIAL EVI13 DENCE OF FRAUD.

14 Section 2307(h)(8) of title 10, United States Code,

15 is amended by striking ‘‘and (4)’’ and inserting ‘‘(4), and

16 (6)’’.

17 SEC. 308. NEXT GENERATION INTERNET.

18 The National Aeronautics and Space Administration

19 may participate in the Next Generation Internet (as that

20 term is used in Executive Order No. 13035) interagency

21 initiative, which is a multiagency initiative related to the

22 National High-Performance Computing and Communica23 tions Program established by section 102 of the High-Per24 formance Computing Act of 1991 (15 U.S.C. 5511).
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1 SEC. 309. NOTICE.

2 (a) NOTICE OF REPROGRAMMING.—If any funds ap3 propriated pursuant to the amendments made by this Act

4 are subject to a reprogramming action that requires notice

5 to be provided to the Committees on Appropriations of the

6 Senate and the House of Representatives, notice of that

7 action shall concurrently be provided to the Committee on

8 Commerce, Science, and Transportation of the Senate and

9 the Committee on Science of the House of Representa10 tives.

11 (b) NOTICE OF REORGANIZATION.—Not later than

12 30 days before any major reorganization involving the re13 assignment of more than 25 percent of the employees of

14 any program, project, or activity of the National Aero15 nautics and Space Administration, the Administrator shall

16 provide notice to the Committees on Commerce, Science,

17 and Transportation and Appropriations of the Senate and

18 the Committees on Science and Appropriations of the

19 House of Representatives.

20 SEC. 310. SENSE OF CONGRESS ON THE YEAR 2000 PROB21 LEM.

22 With the year 2000 rapidly approaching, it is the

23 sense of Congress that the Administrator should—

24 (1) give high priority to correcting all 2-digit

25 date-related problems in the computer systems of

26 the National Aeronautics and Space Administration
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1 to ensure that those systems continue to operate ef2 fectively in the year 2000 and in subsequent years;

3 (2) as soon as practicable after the date of en4 actment of this Act, assess the extent of the risk to

5 the operations of the National Aeronautics and

6 Space Administration posed by the problems re7 ferred to in paragraph (1), and plan and budget for

8 achieving compliance for all of the mission-critical

9 systems of the system by the year 2000; and

10 (3) develop contingency plans for those systems

11 that the National Aeronautics and Space Adminis12 tration is unable to correct by the year 2000.

13 SEC. 311. UNITARY WIND TUNNEL PLAN ACT OF 1949

14 AMENDMENTS.

15 The Unitary Wind Tunnel Plan Act of 1949 (50

16 U.S.C. 511 et seq.) is amended—

17 (1) in section 101 by striking ‘‘transsonic and

18 supersonic’’ and inserting ‘‘transsonic, supersonic,

19 and hypersonic’’; and

20 (2) in section 103—

21 (A) in subsection (a)—

22 (i) by striking ‘‘laboratories’’ and in23 serting ‘‘laboratories and centers’’; and
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1 (ii) by striking ‘‘supersonic’’ and in2 serting ‘‘transsonic, supersonic, and

3 hypersonic’’; and

4 (B) in subsection (c), by striking ‘‘labora5 tory’’ and inserting ‘‘facility’’.

6 SEC. 312. ENHANCEMENT OF SCIENCE AND MATHEMATICS

7 PROGRAMS.

8 (a) DEFINITIONS.—In this section—

9 (1) EDUCATIONALLY USEFUL FEDERAL EQUIP10 MENT.—The term ‘‘educationally useful Federal

11 equipment’’ means computers and related peripheral

12 tools and research equipment that is appropriate for

13 use in schools.

14 (2) SCHOOL.—The term ‘‘school’’ means a pub15 lic or private educational institution that serves any

16 of the grades of kindergarten through grade 12.

17 (b) SENSE OF CONGRESS.—

18 (1) IN GENERAL.—It is the sense of Congress

19 that the Administrator should, to the greatest extent

20 practicable and in a manner consistent with applica21 ble Federal law (including Executive Order No.

22 12999), donate educationally useful Federal equip23 ment to schools in order to enhance the science and

24 mathematics programs of those schools.
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1 (2) REPORTS.—Not later than 1 year after the

2 date of enactment of this Act, and annually there3 after, the Administrator shall prepare and submit to

4 Congress a report describing any donations of edu5 cationally useful Federal equipment to schools made

6 during the period covered by the report.

7 SEC. 313. AUTHORITY TO VEST TITLE.

8 Title III of the National Aeronautics and Space Act

9 of 1958 (72 Stat. 432 et seq.) is amended by adding at

10 the end the following:

11 ‘‘AUTHORITY TO VEST TITLE TO TANGIBLE PERSONAL

12 PROPERTY FOR RESEARCH OR TECHNOLOGY DEVEL13 OPMENT

14 ‘‘SEC. 313. Notwithstanding any other provision of

15 law, the Administrator may vest title in tangible property

16 (as that term is defined by the Administrator) in any par17 ticipant that enters into a cooperative agreement with the

18 Administrator if—

19 ‘‘(1) the primary purpose of the participant is

20 to conduct scientific research or technology develop21 ment;

22 ‘‘(2) the property is acquired with amounts pro23 vided under a cooperative agreement between the

24 participant and the Administrator to conduct sci25 entific research or technology development;
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1 ‘‘(3) the Administrator determines that vesting

2 the title to the property in the participant furthers

3 the objectives of the National Aeronautics and Space

4 Administration; and

5 ‘‘(4) the vesting of the title in the participant

6 is made—

7 ‘‘(A) on the condition that the United

8 States Government will not incur any further

9 obligation; and

10 ‘‘(B) subject to any other condition that

11 the Administrator considers to be appropriate.’’.

12 SEC. 314. NASA MID-RANGE PROCUREMENT TEST PRO13 GRAM.

14 Section 5062 of the Federal Acquisition Streamlining

15 Act of 1994 (108 Stat. 3356) is amended—

16 (1) in subsection (a), by inserting after the first

17 sentence the following: ‘‘In addition to providing any

18 other notice of any acquisition under the test con19 ducted under this section, the Administrator shall

20 publish a notice of that acquisition in, or make such

21 a notice available through, the automated version of

22 the Commerce Business Daily published by the Sec23 retary of Commerce.’’;

24 (2) in subsection (b), by striking ‘‘an estimated

25 annual total obligation of funds of $500,000 or less’’
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1 and inserting ‘‘a basic value (as that term is defined

2 by the Administrator)—

3 ‘‘(1) of $2,000,000 or less; or

4 ‘‘(2) if options to purchase are involved, of

5 $10,000,000 or less.’’;

6 (3) in subsection (c), by striking

7 ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’; and

8 (4) in subsection (f), by striking ‘‘4 years’’ and

9 inserting ‘‘6 years’’.

10 SEC. 315. SPACE ADVERTISING.

11 (a) DEFINITION.—Section 70102 of title 49, United

12 States Code, is amended—

13 (1) by redesignating paragraphs (8) through

14 (12) as paragraphs (9) through (13), respectively;

15 and

16 (2) by inserting after paragraph (7) the follow17 ing:

18 ‘‘(8) ‘obtrusive space advertising’ means adver19 tising in outer space that is capable of being recog20 nized by a human being on the surface of the Earth

21 without the aid of a telescope or other technological

22 device.’’.

23 (b) PROHIBITION.—Chapter 701 of title 49, United

24 States Code, is amended by inserting after section 70109

25 the following new section:
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1 ‘‘§ 70109a. Space advertising

2 ‘‘(a) LICENSING.—Notwithstanding the provisions of

3 this chapter or any other provision of law, the Secretary

4 may not, for the launch of a payload containing any mate5 rial to be used for the purposes of obtrusive space advertis6 ing—

7 ‘‘(1) issue or transfer a license under this chap8 ter; or

9 ‘‘(2) waive the license requirements of this

10 chapter.

11 ‘‘(b) LAUNCHING.—No holder of a license under this

12 chapter may launch a payload containing any material to

13 be used for purposes of obtrusive space advertising on or

14 after the date of enactment of the National Aeronautics

15 and Space Administration Authorization Act for Fiscal

16 Years 1998 and 1999.

17 ‘‘(c) COMMERCIAL SPACE ADVERTISING.—Nothing in

18 this section shall apply to nonobtrusive commercial space

19 advertising, including advertising on—

20 ‘‘(1) commercial space transportation vehicles;

21 ‘‘(2) space infrastructure, payloads;

22 ‘‘(3) space launch facilities; and

23 ‘‘(4) launch support facilities.’’.

24 (c) NEGOTIATION WITH FOREIGN LAUNCHING NA25 TIONS.—
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1 (1) The President is requested to negotiate with

2 foreign launching nations for the purpose of reach3 ing 1 or more agreements that prohibit the use of

4 outer space for obtrusive space advertising purposes.

5 (2) It is the sense of Congress that the Presi6 dent should take such action as is appropriate and

7 feasible to enforce the terms of any agreement to

8 prohibit the use of outer space for obtrusive space

9 advertising purposes.

10 (3) As used in this subsection, the term ‘‘for11 eign launching nation’’ means a nation—

12 (A) that launches, or procures the launch13 ing of, a payload into outer space; or

14 (B) from the territory or facility of which

15 a payload is launched into outer space.

16 (d) CLERICAL AMENDMENT.—The table of sections

17 for chapter 701 is amended by inserting after the item

18 relating to section 70109 the following:

‘‘70109a. Space advertising.’’.

19 SEC. 316. ADMINISTRATION OF COMMERCIAL SPACE CEN20 TER PROGRAM.

21 The Administrator shall, in a coordinated manner,

22 administer, at the headquarters of the National Aero23 nautics and Space Administration in Washington, D.C.,

24 the Commercial Space Center.
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1 SEC. 317. INSURANCE; INDEMNIFICATION; LIABILITY.

2 (a) IN GENERAL.—The Administrator may provide li3 ability insurance for, or indemnification to, the developer

4 of an experimental aerospace vehicle developed or used in

5 execution of an agreement between the Administration

6 and the developer.

7 (b) TERMS AND CONDITIONS.—

8 (1) IN GENERAL.—Except as otherwise pro9 vided in this section, the insurance and indemnifica10 tion provided by the Administration under sub11 section (a) to a developer shall be provided on the

12 same terms and conditions as insurance and indem13 nification is provided by the Administration under

14 section 308 of the National Aeronautics and Space

15 Act of 1958 (42 U.S.C. 2458b) to the user of a

16 space vehicle.

17 (2) INSURANCE.—

18 (A) IN GENERAL.—A developer shall ob19 tain liability insurance or demonstrate financial

20 responsibility in amounts to compensate for the

21 maximum probable loss from claims by—

22 (i) a third party for death, bodily in23 jury, or property damage, or loss resulting

24 from an activity carried out in connection

25 with the development or use of an experi26 mental aerospace vehicle; and
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1 (ii) the United States Government for

2 damage or loss to Government property re3 sulting from such an activity.

4 (B) MAXIMUM REQUIRED.—The Adminis5 trator shall determine the amount of insurance

6 required, but, except as provided in subpara7 graph (C), that amount shall not be greater

8 than the amount required under section

9 70112(a)(3) of title 49, United States Code, for

10 a launch. The Administrator shall publish no11 tice of the Administrator’s determination and

12 the applicable amount or amounts in the Fed13 eral Register within 10 days after making the

14 determination.

15 (C) INCREASE IN DOLLAR AMOUNTS.—The

16 Administrator may increase the dollar amounts

17 set forth in section 70112(a)(3)(A) of title 49,

18 United States Code, for the purpose of applying

19 it under this section to a developer after con20 sultation with the Comptroller General and

21 such experts and consultants as may be appro22 priate, and after publishing notice of the in23 crease in the Federal Register not less than 180

24 days before the increase goes into effect. The

25 Administrator shall make available for public
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1 inspection, not later than the date of publica2 tion of such notice, a complete record of any

3 correspondence received by the Administration,

4 and a transcript of any meetings in which the

5 Administration participated, regarding the pro6 posed increase.

7 (D) SAFETY REVIEW REQUIRED BEFORE

8 ADMINISTRATOR PROVIDES INSURANCE.—The

9 Administrator may not provide liability insur10 ance or indemnification under subsection (a)

11 unless the developer establishes to the satisfac12 tion of the Administrator that appropriate safe13 ty procedures and practices are being followed

14 in the development of the experimental aero15 space vehicle.

16 (3) NO INDEMNIFICATION WITHOUT CROSS17 WAIVER.—Notwithstanding subsection (a), the Ad18 ministrator may not indemnify a developer of an ex19 perimental aerospace vehicle under this section un20 less there is an agreement between the Administra21 tion and the developer described in subsection (c) of

22 this section.

23 (4) APPLICATION OF CERTAIN PROCEDURES.—

24 If the Administrator requests additional appropria25 tions to make payments under this section, like the
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1 payments that may be made under section 308(b),

2 then the request for those appropriations shall be

3 made in accordance with the procedures established

4 by subsections (d) and (e) of section 70113 of title

5 49, United States Code.

6 (c) CROSS-WAIVERS.—

7 (1) ADMINISTRATOR AUTHORIZED TO WAIVE.—

8 The Administrator, on behalf of the United States,

9 and its departments, agencies, and instrumentalities,

10 may reciprocally waive claims with a developer and

11 with the related entities of that developer under

12 which each party to the waiver agrees to be respon13 sible, and agrees to ensure that its own related enti14 ties are responsible, for damage or loss to its prop15 erty for which it is responsible, or for losses result16 ing from any injury or death sustained by its own

17 employees or agents, as a result of activities con18 nected to the agreement or use of the experimental

19 aerospace vehicle.

20 (2) LIMITATIONS.—

21 (A) CLAIMS.—A reciprocal waiver under

22 paragraph (1) may not preclude a claim by any

23 natural person (including, but not limited to, a

24 natural person who is an employee of the

25 United States, the developer, or the developer’s
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1 subcontractors) or that natural person’s estate,

2 survivors, or subrogees for injury or death, ex3 cept with respect to a subrogee that is a party

4 to the waiver or has otherwise agreed to be

5 bound by the terms of the waiver.

6 (B) LIABILITY FOR NEGLIGENCE.—A re7 ciprocal waiver under paragraph (1) may not

8 absolve any party of liability to any natural per9 son (including, but not limited to, a natural

10 person who is an employee of the United

11 States, the developer, or the developer’s sub12 contractors) or such a natural person’s estate,

13 survivors, or subrogees for negligence, except

14 with respect to a subrogee that is a party to

15 the waiver or has otherwise agreed to be bound

16 by the terms of the waiver.

17 (C) INDEMNIFICATION FOR DAMAGES.—A

18 reciprocal waiver under paragraph (1) may not

19 be used as the basis of a claim by the Adminis20 tration or the developer for indemnification

21 against the other for damages paid to a natural

22 person, or that natural person’s estate, sur23 vivors, or subrogees, for injury or death sus24 tained by that natural person as a result of ac-
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1 tivities connected to the agreement or use of the

2 experimental aerospace vehicle.

3 (d) DEFINITIONS.—In this section:

4 (1) ADMINISTRATION.—The term ‘‘Administra5 tion’’ means the National Aeronautics and Space

6 Administration.

7 (2) EXPERIMENTAL AEROSPACE VEHICLE.—

8 The term ‘‘experimental aerospace vehicle’’ means

9 an object intended to be flown in, or launched into,

10 suborbital flight for the purpose of demonstrating

11 technologies necessary for a reusable launch vehicle,

12 developed under an agreement between the Adminis13 tration and a developer that was in effect before the

14 date of enactment of this Act.

15 (3) DEVELOPER.—The term ‘‘developer’’ means

16 a person (other than a natural person) who—

17 (A) is a party to an agreement that was in

18 effect before the date of enactment of this Act

19 with the Administration for the purpose of de20 veloping new technology for an experimental

21 aerospace vehicle;

22 (B) owns or provides property to be flown

23 or situated on that vehicle; or

24 (C) employs a natural person to be flown

25 on that vehicle.
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1 (4) COMMON TERMS.—Any term used in this

2 section that is defined in the National Aeronautics

3 and Space Act of 1958 (42 U.S.C. 2451 et seq.) has

4 the same meaning in this section as when it is used

5 in that Act.

6 (e) RELATIONSHIP TO OTHER LAWS.—

7 (1) SECTION 308 OF NATIONAL AERONAUTICS

8 AND SPACE ACT OF 1958.—This section does not

9 apply to any object, transaction, or operation to

10 which section 308 of the National Aeronautics and

11 Space Act of 1958 (42 U.S.C. 2458b) applies.

12 (2) CHAPTER 701 OF TITLE 49, UNITED STATES

13 CODE.—The Administrator may not provide indem14 nification to a developer under this section for

15 launches subject to license under section

16 70117(g)(1) of title 49, United States Code.

17 (f) TERMINATION.—

18 (1) IN GENERAL.—The provisions of this sec19 tion shall terminate on December 31, 2002, except

20 that the Administrator may extend the termination

21 date to a date not later than September 30, 2005,

22 if the Administrator determines that such an exten23 sion is necessary to cover the operation of an experi24 mental aerospace vehicle.
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1 (2) EFFECT OF TERMINATION ON AGREE2 MENTS.—The termination of this section does not

3 terminate or otherwise affect a cross-waiver agree4 ment, insurance agreement, indemnification agree5 ment, or any other agreement entered into under

6 this section except as may be provided in that agree7 ment.

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

9 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na10 tional Aeronautics and Space Administration Authoriza11 tion Act for Fiscal Years 1998, 1999, and 2000’’.

12 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I—AUTHORIZATION OF APPROPRIATIONS

Subtitle A—Authorizations

Sec. 101. Human space flight.

Sec. 102. Science, aeronautics, and technology.

Sec. 103. Mission support.

Sec. 104. Inspector General.

Subtitle B—Limitations and Special Authority

Sec. 111. Use of funds for construction.

Sec. 112. Availability of appropriated amounts.

Sec. 113. Reprogramming for construction of facilities.

Sec. 114. Consideration by committees.

Sec. 115. Use of funds for scientific consultations or extraordinary expenses.

Sec. 116. Experimental Program to Stimulate Competitive Research.

TITLE II—INTERNATIONAL SPACE STATION

Sec. 201. Findings.

Sec. 202. Commercialization of Space Station.

Sec. 203. International Space Station limitations.

Sec. 204. National Research Council study.

Sec. 205. Cost limitation for the International Space Station.
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TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. National Aeronautics and Space Act of 1958 amendments.

Sec. 302. Acquisition of space science data.

Sec. 303. Acquisition of Earth science data.

Sec. 304. Shuttle privatization.

Sec. 305. Launch voucher demonstration program amendments.

Sec. 306. Use of existing facilities.

Sec. 307. Authority to reduce or suspend contract payments based on substantial

evidence of fraud.

Sec. 308. Next Generation Internet.

Sec. 309. Notice.

Sec. 310. Sense of Congress on the year 2000 problem.

Sec. 311. Unitary Wind Tunnel Plan Act of 1949 amendments.

Sec. 312. Enhancement of science and mathematics programs.

Sec. 313. Authority to vest title.

Sec. 314. NASA mid-range procurement test program.

Sec. 315. Space advertising.

Sec. 316. Administration of Commercial Space Center program.

Sec. 317. Insurance; indemnification; liability.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) The National Aeronautics and Space Admin4 istration should continue to pursue actions and re5 forms directed at reducing institutional costs, includ6 ing management restructuring, facility consolidation,

7 procurement reform, personnel base downsizing, and

8 convergence with other defense and commercial sector

9 systems, while sustaining safety standards for person10 nel and hardware.

11 (2) The National Aeronautics and Space Admin12 istration should sustain its proud history as the lead13 er of the United States in basic aeronautics and space

14 research.

15 (3) The United States is on the verge of creating

16 and using new technologies in microsatellites, infor-
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1 mation processing, and space launches that could

2 radically alter the manner in which the Federal Gov3 ernment approaches its space mission.

4 (4) The Federal Government should invest in the

5 types of research and innovative technology in which

6 United States commercial providers do not invest,

7 while avoiding competition with the activities in

8 which United States commercial providers do invest.

9 (5) International cooperation in space explo10 ration and science activities serves the interest of the

11 United States.

12 (6) In participating in the National Aeronauti13 cal Test Alliance, the National Aeronautics and Space

14 Administration and the Department of Defense should

15 cooperate more effectively in leveraging the mutual

16 capabilities of these agencies to conduct joint aero17 nautics and space missions that not only improve

18 United States aeronautics and space capabilities, but

19 also reduce the cost of conducting those missions.

20 SEC. 3. DEFINITIONS.

21 In this Act:

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the National Aer24 onautics and Space Administration.
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1 (2) COMMERCIAL PROVIDER.—The term ‘‘com2 mercial provider’’ means any person providing space

3 transportation services or other space-related activi4 ties, the primary control of which is held by persons

5 other than a Federal, State, local, or foreign govern6 ment.

7 (3) CRITICAL PATH.—The term ‘‘critical path’’

8 means the sequence of events of a schedule of events

9 under which a delay in any event causes a delay in

10 the overall schedule.

11 (4) GRANT AGREEMENT.—The term ‘‘grant

12 agreement’’ has the meaning given that term in sec13 tion 6302(2) of title 31, United States Code.

14 (5) INSTITUTION OF HIGHER EDUCATION.—The

15 term ‘‘institution of higher education’’ has the mean16 ing given such term in section 1201(a) of the Higher

17 Education Act of 1965 (20 U.S.C. 1141(a)).

18 (6) MAJOR REORGANIZATION.—With respect to

19 the National Aeronautics and Space Administration,

20 the term ‘‘major reorganization’’ means any reorga21 nization of the Administration that involves the reas22 signment of more than 25 percent of the employees of

23 the National Aeronautics and Space Administration.

24 (7) STATE.—The term ‘‘State’’ means each of the

25 several States of the United States, the District of Co-
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1 lumbia, the Commonwealth of Puerto Rico, the Virgin

2 Islands, Guam, American Samoa, the Commonwealth

3 of the Northern Mariana Islands, and any other com4 monwealth, territory, or possession of the United

5 States.

6 TITLE I—AUTHORIZATION OF

7 APPROPRIATIONS

8 Subtitle A—Authorizations

9 SEC. 101. HUMAN SPACE FLIGHT.

10 (a) IN GENERAL.—There are authorized to be appro11 priated to the National Aeronautics and Space Administra12 tion for human space flight—

13 (1) for the International Space Station—

14 (A) $2,328,300,000 for fiscal year 1998, of

15 which $221,300,000 shall be used only for Space

16 Station research;

17 (B) $2,270,000,000 for fiscal year 1999, of

18 which $374,200,000 shall be used only for Space

19 Station research; and

20 (C) $2,134,000,000 for fiscal year 2000;

21 (2) for Russian Program Assurance, $50,000,000

22 for fiscal year 1998;

23 (3) for space shuttle operations—

24 (A) $2,369,400,000 for fiscal year 1998;

25 (B) $2,487,400,000 for fiscal year 1999; and
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1 (C) $2,562,000,000 for fiscal year 2000;

2 (4) for space shuttle safety and performance up3 grades—

4 (A) $553,400,000 for fiscal year 1998, in5 cluding related construction of facilities of

6 which—

7 (i) $2,200,000 shall be used for the re8 pair of a payload changeout room wall and

9 ceiling, Pad A, Kennedy Space Center;

10 (ii) $1,800,000 shall be used for the

11 restoration of the pad surface and slope,

12 Pad A, Kennedy Space Center; and

13 (iii) $2,800,000 shall be used for the

14 rehabilitation of a 480V electrical distribu15 tion system, Michoud Assembly Facility;

16 (B) $571,600,000 for fiscal year 1999, in17 cluding related construction of facilities of

18 which—

19 (i) $2,300,000 shall be used to refur20 bish the fixed support structure elevator sys21 tem, Pad A, Kennedy Space Center;

22 (ii) $1,500,000 shall be used to refur23 bish flame deflector and trench, Pad A,

24 Kennedy Space Center;
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1 (iii) $2,000,000 shall be used for the

2 rehabilitation of a 480V electrical distribu3 tion system, External Tank Manufacturing

4 Building, Michoud Assembly Facility; and

5 (iv) $1,800,000 shall be used to repair

6 Cleaning Cell E, Vertical Assembly Build7 ing, Michoud Assembly Facility; and

8 (C) $588,700,000 for fiscal year 2000; and

9 (5) for payload and utilization operations—

10 (A) $205,400,000 for fiscal year 1998;

11 (B) $182,000,000 for fiscal year 1999; and

12 (C) $187,500,000 for fiscal year 2000.

13 (b) AVAILABILITY OF INTERNATIONAL SPACE STATION

14 FUNDING.—Of the amounts made available to the National

15 Aeronautics and Space Administration under subsection

16 (a)(1)(A)—

17 (1) $1,500,000,000 shall be available for the pur18 pose specified in that subsection before March 31,

19 1998; and

20 (2) $828,300,000 shall be made available after

21 that date.

22 SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

23 There are authorized to be appropriated to the Na24 tional Aeronautics and Space Administration for Science,

25 Aeronautics, and Technology—
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1 (1) for Space Science—

2 (A) $2,033,800,000 for fiscal year 1998, of

3 which—

4 (i) $57,300,000 shall be used for the

5 gravity probe B;

6 (ii) $1,200,000 shall be used for the

7 Near Earth Object Survey; and

8 (iii) $540,400,000 shall be used for

9 mission operations and data analysis, of

10 which $150,000,000 may be used for data

11 analysis;

12 (B) $2,058,400,000 for fiscal year 1999; and

13 (C) $2,207,400,000 for fiscal year 2000;

14 (2) for life and microgravity sciences and appli15 cations—

16 (A) $214,200,000 for fiscal year 1998, of

17 which $2,000,000 shall be for research and early

18 detection systems for breast and ovarian cancer

19 and other women’s health issues;

20 (B) $242,000,000 for fiscal year 1999, of

21 which $2,000,000 shall be for research and early

22 detection systems for breast and ovarian cancer

23 and other women’s health issues; and

24 (C) $257,000,000 for fiscal year 2000;

25 (3) for Mission to Planet Earth—
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1 (A) $1,417,300,000 for fiscal year 1998;

2 (B) $1,372,000,000 for fiscal year 1999; and

3 (C) $1,492,000,000 for fiscal year 2000;

4 (4) for aeronautics and space transportation

5 technology—

6 (A) $1,483,900,000 for fiscal year 1998, of

7 which—

8 (i) $920,100,000 shall be used for aero9 nautical research and technology, of which

10 $100,000,000 shall be used for the Aviation

11 Safety Program;

12 (ii) $417,100,000 shall be used for ad13 vanced space transportation technology, of

14 which $318,300,000 shall be used only for

15 the X–33 advanced technology demonstra16 tion vehicle program; and

17 (iii) $146,700,000 shall be used for

18 commercial technology;

19 (B) $1,305,000,000 for fiscal year 1999, of

20 which—

21 (i) $786,000,000 shall be used for aero22 nautical research and technology, of which

23 $100,000,000 shall be used for the Aviation

24 Safety Program;
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1 (ii) $388,600,000 shall be used for ad2 vanced space transportation technology, of

3 which $282,800,000 shall be used only for

4 the X–33 advanced technology demonstra5 tion vehicle program; and

6 (iii) $130,400,000 shall be used for

7 commercial technology, of which some funds

8 may be used for the expansion of the NASA

9 business incubation program which is de10 signed to foster partnerships between edu11 cational institutions and small high-tech12 nology businesses with preference given to

13 those programs associated with community

14 colleges; and

15 (C) $ 1,344,000,000 for fiscal year 2000;

16 (5) for mission communications services—

17 (A) $400,800,000 for fiscal year 1998;

18 (B) $380,000,000 for fiscal year 1999; and

19 (C) $391,400,000 for fiscal year 2000;

20 (6) for academic programs—

21 (A) $130,000,000 for fiscal year 1998, of

22 which—

23 (i) $19,100,000 shall be used for the

24 National Space Grant College and Fellow25 ship Program; and
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1 (ii) $51,400,000 shall be used for mi2 nority university research and education at

3 institutions such as Hispanic-serving insti4 tutions (as that term is defined in section

5 316(b)(1) of the Higher Education Act of

6 1965 (20 U.S.C. 1059c(b)(1))) and tribally

7 controlled community colleges (as that term

8 is defined in section 2(a)(4) of the Tribally

9 Controlled Community College Assistance

10 Act of 1978 (25 U.S.C. 1801(a)(4))) includ11 ing $30,000,000 for historically black col12 leges and universities;

13 (B) $100,000,000 for fiscal year 1999, of

14 which $45,900,000 shall be used for minority

15 university research and education (at institu16 tions such as Hispanic-serving institutions and

17 tribally-controlled community colleges) of which

18 $28,000,000 shall be used for historically black

19 colleges and universities; and

20 (C) $103,000,000 for fiscal year 2000;

21 (7) of the funds authorized in this section

22 $5,900,000 for fiscal year 1998 shall be used for the

23 construction of facilities, of which—

24 (A) $2,200,000 of the funds authorized by

25 paragraph (2)(A) shall be used for modifications
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1 for the installation of the Bio-Plex facility at the

2 Johnson Space Center; and

3 (B) $3,700,000 of the funds authorized by

4 paragraph (4)(A) shall be used for the rehabilita5 tion and modification of the B–2 test stand at

6 the Stennis Space Center; and

7 (8) of the funds authorized by paragraph (1)(B),

8 $5,600,000 for fiscal year 1999 shall be used for

9 modification of Stratospheric Observatory for Infra10 red Astronomy (SOFIA) Ground Support Facility,

11 Moffit Field, Ames Research Center.

12 SEC. 103. MISSION SUPPORT.

13 There are authorized to be appropriated to the Na14 tional Aeronautics and Space Administration for mission

15 support—

16 (1) for safety, reliability, and quality assur17 ance—

18 (A) $37,800,000 for fiscal year 1998;

19 (B) $35,600,000 for fiscal year 1999; and

20 (C) $35,600,000 for fiscal year 2000;

21 (2) for space communication services—

22 (A) $209,200,000 for fiscal year 1998;

23 (B) $177,000,000 for fiscal year 1999; and

24 (C) $136,000,000 for fiscal year 2000;
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1 (3)(A) for construction of facilities, including

2 land acquisition, $134,400,000 for fiscal year 1998, of

3 which—

4 (i) $2,800,000 shall be used for the rehabili5 tation and modification of the hangar and shop

6 of the Dryden Flight Research Center;

7 (ii) $2,400,000 shall be used for the restora8 tion of the chilled water distribution system at

9 the Goddard Space Flight Center;

10 (iii) $4,800,000 shall be used for the con11 struction of emergency services facility at the Jet

12 Propulsion Laboratory;

13 (iv) $4,000,000 shall be used for the up14 grade of the Utility Annex Chilled Water Plant,

15 at the Kennedy Space Center;

16 (v) $9,000,000 shall be used for the rehabili17 tation of the high-voltage system at the Lewis

18 Research Center;

19 (vi) $7,000,000 shall be used for the modi20 fication of the chilled water system at the Mar21 shall Space Flight Center;

22 (vii) $5,000,000 shall be used for facilities

23 enhancements at the Stennis Space Center;
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1 (viii) $65,300,000 shall be used for the

2 minor revitalization of facilities at various loca3 tions, not in excess of $1,500,000 per project;

4 (ix) $1,100,000 shall be used for minor con5 struction of new facilities and additions to exist6 ing facilities at various locations;

7 (x) $19,000,000 shall be used for facility

8 planning and design, not otherwise provided for;

9 and

10 (xi) $14,000,000 shall be used for environ11 mental compliance and restoration;

12 (B) $165,000,000 shall be used for construction

13 of facilities, including land acquisition, for fiscal year

14 1999, of which—

15 (i) $2,700,000 shall be used for the mod16 ernization of the process cooling system, Numeri17 cal Aerodynamic Simulation Facility, Ames Re18 search Center;

19 (ii) $2,200,000 shall be used for the restora20 tion of the electrical distribution system, Ames

21 Research Center;

22 (iii) $2,000,000 shall be used for the res23 toration of the site steam distribution system,

24 Goddard Space Flight Center;
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1 (iv) $5,000,000 shall be used for restoration

2 of the Space/Terrestrial Application Facility,

3 Goddard Space Flight Center;

4 (v) $5,000,000 shall be used for construction

5 of the In-Situ Instruments Laboratory, Jet Pro6 pulsion Laboratory;

7 (vi) $3,000,000 shall be used for the replace8 ment of the central plant chilled water equip9 ment. Johnson Space Center;

10 (vii) $2,200,000 shall be used for the re11 placement of the high voltage load break switch12 es, Kennedy Space Center;

13 (viii) $1,900,000 shall be used for the up14 grade of the utility annex chilled water plant,

15 Kennedy Space Center;

16 (ix) $3,100,000 shall be used for the reha17 bilitation of the Instrument Research Labora18 tory, Langley Research Center;

19 (x) $8,300,000 shall be used for the rehabili20 tation of the high voltage system, Lewis Research

21 Center;

22 (xi) $7,200,000 shall be used for the modi23 fication of the chilled water system, Marshall

24 Space Flight Center;
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1 (xii) $68,400,000 shall be used for minor re2 vitalization of facilities at various locations, not

3 in excess of $1,500,000 per project;

4 (xiii) $14,000,000 shall be used for facility

5 planning and design, not otherwise provided for;

6 (xiv) $40,000,000 shall be used for environ7 mental compliance and restoration; and

8 (C) $165,000,000 shall be used for construction

9 of facilities, including land acquisition, for fiscal year

10 2000; and

11 (4) for research and program management, in12 cluding personnel and related costs, travel, and re13 search operations support—

14 (A) $2,051,800,000 for fiscal year 1998;

15 (B) $2,099,000,000 for fiscal year 1999; and

16 (C) $2,079,000,000 for fiscal year 2000.

17 SEC. 104. INSPECTOR GENERAL.

18 There are authorized to be appropriated to the Na19 tional Aeronautics and Space Administration for Inspector

20 General—

21 (1) $18,300,000 for fiscal year 1998;

22 (2) $20,000,000 for fiscal year 1999; and

23 (3) $20,000,000 for fiscal year 2000.
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1 Subtitle B—Limitations and

2 Special Authority

3 SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

4 (a) AUTHORIZED USES.—Funds made available by

5 appropriations under paragraphs (1) through (4) of section

6 101, section 102, and paragraphs (1) and (2) of section 103

7 and funds made available by appropriations for research

8 operations support pursuant to section 103(4) may, at any

9 location in support of the purposes for which such funds

10 are appropriated, be used for—

11 (1) the construction of new facilities; and

12 (2) additions to, repair of, rehabilitation of, or

13 modification of existing facilities (in existence on the

14 date on which such funds are made available by ap15 propriation).

16 (b) LIMITATION.—

17 (1) IN GENERAL.—Until the date specified in

18 paragraph (2), no funds may be expended pursuant

19 to subsection (a) for a project, with respect to which

20 the estimated cost to the National Aeronautics and

21 Space Administration, including collateral equip22 ment, exceeds $1,000,000.

23 (2) DATE.—The date specified in this paragraph

24 is the date that is 30 days after the Administrator no25 tifies the Committee on Commerce, Science, and
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1 Transportation of the Senate and the Committee on

2 Science of the House of Representatives of the nature,

3 location, and estimated cost to the National Aero4 nautics and Space Administration of the project re5 ferred to in paragraph (1).

6 (c) TITLE TO FACILITIES.—

7 (1) IN GENERAL.—If funds are used pursuant to

8 subsection (a) for grants for the purchase or construc9 tion of additional research facilities to institutions of

10 higher education, or to nonprofit organizations whose

11 primary purpose is the conduct of scientific research,

12 title to these facilities shall be vested in the United

13 States.

14 (2) EXCEPTION.—If the Administrator deter15 mines that the national program of aeronautical and

16 space activities will best be served by vesting title to

17 a facility referred to in paragraph (1) in an institu18 tion or organization referred to in that paragraph,

19 the title to that facility shall vest in that institution

20 or organization.

21 (3) CONDITION.—Each grant referred to in para22 graph (1) shall be made under such conditions as the

23 Administrator determines to be necessary to ensure

24 that the United States will receive benefits from the
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1 grant that are adequate to justify the making of the

2 grant.

3 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

4 To the extent provided in appropriations Acts, appro5 priations authorized under subtitle A may remain available

6 without fiscal year limitation.

7 SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA8 CILITIES.

9 (a) USE OF CONSTRUCTION FUNDS.—Subject to sub10 section (b), in addition to the amounts authorized for con11 struction of facilities under clauses (i) through (iii) of sec12 tion 101(4)(A), clauses (i) through (iv) of section 101(4)(B),

13 paragraph (7) of section 102, or section 103(3), the Admin14 istrator may, for that purpose, from funds otherwise avail15 able to the Administrator—

16 (1) use an additional amount equal to 10 per17 cent of the amount specified; or

18 (2) to meet unusual cost variations, use an addi19 tional amount equal to 25 percent of that amount,

20 after the termination of a 30-day period beginning on

21 the date on which the Administrator submits a report

22 on the circumstances of such action by the Adminis23 trator to the Committee on Commerce, Science, and

24 Transportation of the Senate and the Committee on

25 Science of the House of Representatives.
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1 (b) LIMITATION.—The aggregate amount authorized to

2 be appropriated for construction of facilities under clauses

3 (i) through (iii) of section 101(4)(A), clauses (i) through

4 (iv) of section 101(4)(B), paragraph (7) of section 102, and

5 section 103(3) shall not be increased as a result of any ac6 tion taken by the Administrator under paragraph (1) or

7 (2).

8 SEC. 114. CONSIDERATION BY COMMITTEES.

9 (a) IN GENERAL.—

10 (1) LIMITATION ON USE OF FUNDS.—Except as

11 provided in subsection (b), notwithstanding any other

12 provision of law, no amount made available by ap13 propriations for the National Aeronautics and Space

14 Administration in excess of the amount authorized for

15 that program under this title may be used for any

16 program with respect to which—

17 (A) the annual budget request submitted by

18 the President under section 1105(a) of title 31,

19 United States Code, included a request for fund20 ing; and

21 (B) for the fiscal year of the request referred

22 to in subparagraph (A), Congress denied or did

23 not provide funding.

24 (2) PROHIBITION.—Notwithstanding any other

25 provision of law, no amount made available by ap-
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1 propriations to the National Aeronautics and Space

2 Administration may be used for any program that is

3 not authorized under this Act, except for projects for

4 construction of facilities.

5 (b) EXCEPTION.—Funds may be used for a program

6 of the National Aeronautics and Space Administration

7 upon the expiration of the 30-day period beginning on the

8 date on which the Administrator provides a notice to the

9 Committee on Commerce, Science, and Transportation of

10 the Senate and the Committee on Science of the House of

11 Representatives that contains—

12 (1) a full and complete statement of the action

13 proposed to be taken by the Administrator with re14 spect to that program; and

15 (2) the facts and circumstances that the Admin16 istrator relied on to support the proposed action re17 ferred to in paragraph (1).

18 (c) INFORMATION.—The Administrator shall keep the

19 Committee on Commerce, Science, and Transportation of

20 the Senate and the Committee on Science of the House of

21 Representatives fully and currently informed with respect

22 to all activities and responsibilities of the National Aero23 nautics and Space Administration within the jurisdiction

24 of those committees.
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1 SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

2 OR EXTRAORDINARY EXPENSES.

3 Not more than $35,000 of the amounts made available

4 by appropriations pursuant to section 103 may be used by

5 the Administrator for scientific consultations or extraor6 dinary expenses.

7 SEC. 116. EXPERIMENTAL PROGRAM TO STIMULATE COM8 PETITIVE RESEARCH.

9 Of the amounts authorized to be appropriated for aca10 demic programs under section 102(a)(6), for each of fiscal

11 years 1998, 1999, and 2000, the Administrator shall use

12 $10,000,000 for the program known as the Experimental

13 Program to Stimulate Competitive Research.

14 TITLE II—INTERNATIONAL

15 SPACE STATION

16 SEC. 201. FINDINGS.

17 Congress finds that—

18 (1) the development, assembly, and operation of

19 the International Space Station is in the national in20 terest of the United States;

21 (2) the significant involvement by commercial

22 providers in marketing and using, competitively serv23 icing, and commercially augmenting the operational

24 capabilities of the International Space Station during

25 its assembly and operational phases could potentially
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1 lower costs and increase benefits to the international

2 partners; and

3 (3) when completed, the International Space

4 Station will be the largest, most capable microgravity

5 research facility ever developed. It will provide a last6 ing framework for conducting large-scale science pro7 grams with international partners and it is the next

8 step in the human exploration of space. The United

9 States should commit to completing this program,

10 thereby reaping the benefits of scientific research and

11 international cooperation.

12 SEC. 202. COMMERCIALIZATION OF SPACE STATION.

13 (a) POLICY.—Congress declares that—

14 (1) the cost-effective construction of the Inter15 national Space Station is a priority goal; and

16 (2) the use of free market principles in operat17 ing, servicing, allocating the use of, and adding capa18 bilities to the International Space Station, and the

19 resulting fullest possible engagement of commercial

20 providers and participation of commercial users,

21 could potentially reduce Space Station operational

22 costs for all partners in the International Space Sta23 tion.

24 (b) REPORTS.—
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1 (1) STUDY ON OPPORTUNITIES FOR COMMERCIAL

2 PROVIDERS.—Not later than 90 days after the date of

3 enactment of this Act, the Administrator shall con4 duct a study and prepare and submit to the Commit5 tee on Commerce, Science, and Transportation of the

6 Senate and the Committee on Science of the House of

7 Representatives, a report on the findings of that

8 study.

9 (2) CONTENTS OF STUDY.—The study conducted

10 under this subsection shall identify and examine—

11 (A) the opportunities for commercial pro12 viders to play a role in International Space Sta13 tion activities, including operation, use, servic14 ing, and augmentation;

15 (B) the potential cost savings to be derived

16 from commercial providers playing a role in

17 each of the activities referred to in subparagraph

18 (A);

19 (C) the activities of the International Space

20 Station with respect to which the Federal Gov21 ernment has a unique role or a role that is more

22 cost-effective than could otherwise be provided by

23 a commercial provider;

24 (D) which of the opportunities described in

25 subparagraph (A) (if any) the Administrator
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1 plans to make available to commercial providers

2 in fiscal years 1998, 1999, and 2000;

3 (E) the specific policies and initiatives that

4 the Administrator is advancing to encourage and

5 facilitate the commercial opportunities referred

6 to in subparagraph (A);

7 (F) the revenues and cost reimbursements to

8 the Federal Government from commercial users

9 of the International Space Station; and

10 (G) the specific policies, procedures, and

11 initiatives the Administrator is advancing to en12 courage and facilitate the commercial use of the

13 Space Shuttle and the Space Station, including

14 the procedures for handling commercial requests

15 which require the use of non-government payload

16 specialists.

17 (3) INDEPENDENTLY CONDUCTED MARKET

18 STUDY.—The Administrator shall—

19 (A) provide for an independently conducted

20 market study that—

21 (i) examines and evaluates potential

22 industry interest in—

23 (I) providing commercial goods

24 and services for the operation, servic-
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1 ing, and augmentation of the Inter2 national Space Station; and

3 (II) the commercial use of the

4 International Space Station; and

5 (ii) includes updates to the cost savings

6 and revenue estimates made in the study

7 described in paragraph (1), based on the ex8 ternal market assessment; and

9 (B) submit a report on the findings of the

10 study to the Committee on Commerce, Science,

11 and Transportation of the Senate and the Com12 mittee on Science of the House of Representa13 tives, within 180 days after the date of enact14 ment of this Act.

15 SEC. 203. INTERNATIONAL SPACE STATION LIMITATIONS.

16 (a) TRANSFER OF FUNDS TO RUSSIA.—

17 (1) IN GENERAL.—No funds or in-kind payments

18 shall be transferred to any entity of the Government

19 of Russia or any Russian contractor to perform work

20 on the International Space Station which the Govern21 ment of Russia pledged, at any time, to provide at the

22 expense of the Government of Russia.

23 (2) APPLICABILITY.—This section shall not

24 apply to the purchase or modification of the Russian
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1 built, United States owned Functional Cargo Block,

2 known as the ‘‘FGB’’.

3 (b) CONTINGENCY PLAN FOR RUSSIAN ELEMENTS IN

4 CRITICAL PATH.—

5 (1) IN GENERAL.—Not later than 90 days after

6 the date of enactment of this Act, the Administrator

7 shall develop and submit to Congress a contingency

8 plan for the replacement of each element of the Inter9 national Space Station for which the Government of

10 Russia is responsible that lies in the critical path of

11 the Space Station, including operations.

12 (2) CONTENTS OF PLAN.—The plan submitted

13 under this subsection shall include—

14 (A) decision points for replacing the ele15 ments referred to in paragraph (1) if the Inter16 national Space Station is to be completed;

17 (B) the cost of implementing each decision

18 referred to in subparagraph (A); and

19 (C) the cost of replacing such a critical path

20 element after the applicable decision point has

21 passed, if—

22 (i) the decision at that point is not to

23 replace that element; and

24 (ii) the Administrator determines after

25 the decision referred to in clause (i) is made
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1 that the Government of Russia will be un2 able to provide the critical path element in

3 a manner to allow completion of the Inter4 national Space Station; and

5 (D)(i) the source of the funds necessary to

6 implement the contingency plan; and

7 (ii) an assessment of the impact of the con8 tingency plan on programs that have been ap9 proved by the Administrator before the develop10 ment of the contingency plan.

11 SEC. 204. NATIONAL RESEARCH COUNCIL STUDY.

12 (a) IN GENERAL.—The Administrator shall use not

13 less than $400,000 of the amounts appropriated to the Na14 tional Aeronautics and Space Administration pursuant to

15 the authorizations contained in this Act to provide for a

16 study under this section.

17 (b) CONTENTS OF STUDY.—To carry out this section,

18 the Administrator shall enter into a contract or other ap19 propriate arrangement with the appropriate official of the

20 National Research Council of the National Academy of

21 Sciences to provide for a study that evaluates, with respect

22 to any potential effects on the assembly schedule, budget,

23 and capabilities of the Space Station—

24 (1) the engineering challenges posed by—
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1 (A) extravehicular (commonly referred to as

2 ‘‘EVA’’) requirements; and

3 (B) space launch requirements of the United

4 States and other foreign countries;

5 (2) the potential need to upgrade or replace

6 equipment and components of the Space Station after

7 the assembly of the Space Station is complete; and

8 (3) the requirement to decommission and dis9 assemble the Space Station.

10 (c) REPORTS.—

11 (1) INTERIM REPORT.—Not later than June 1,

12 1998, the Administrator shall submit to Congress an

13 interim report that contains the findings of the Na14 tional Research Council as of that date with respect

15 to the study conducted under this section.

16 (2) FINAL REPORT.—Not later than September 1,

17 1998, upon completion of the study under this section,

18 the Administrator shall submit to Congress a final re19 port on the findings of the National Research Council

20 with respect to the study.

21 SEC. 205. COST LIMITATION FOR THE INTERNATIONAL

22 SPACE STATION

23 (a) LIMITATION OF COSTS.—Except as provided in

24 subsection (b), the total amount appropriated for—
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1 (1) development of the International Space Sta2 tion through completion of assembly may not exceed

3 $21,900,000,000; and

4 (2) space shuttle launch costs in connection with

5 the assembly of the International Space Station

6 through completion of assembly may not exceed

7 $17,700,000,000.

8 (b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—

9 The amounts set forth in subsection (a) shall each be in10 creased to reflect any increase in costs attributable to—

11 (1) economic inflation;

12 (2) compliance with changes in Federal, State,

13 or local laws enacted; and

14 (3) the lack of performance or the termination of

15 participation of any of the International countries

16 participating in the International Space Station.

17 (c) NOTICE OF CHANGES.—The Administrator shall

18 provide written notice of any changes under subsection (b)

19 to the amounts set forth in subsection (a) to the Senate

20 Committees on Appropriations and on Commerce, Science,

21 and Transportation and to the House of Representatives

22 Committees on Appropriations and on Science. The written

23 notice shall include—

24 (1) an explanation of the basis for the change;
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1 (2) an analysis of the impact of not receiving re2 quested increase; and

3 (3) a cost estimate certified by the Adminis4 trator.

5 (d) EARMARKING.—The Administrator shall identify

6 as part of the overall Shuttle program budget request for

7 each fiscal year, the amount of the requested funding that

8 is to be used for assembly of the International Space Sta9 tion.

10 (e) TECHNOLOGIES INCREASE.—The amounts set forth

11 in subsection (a) may be increased to allow for new tech12 nologies incorporated in the design of the International

13 Space Station and associated hardware which would im14 prove safety, reliability, maintainability, and availability

15 which may include on-orbit assembly sequence problems, or

16 reduce cost after assembly is completed. The proposed in17 crease shall include a cost-benefit analysis along with the

18 requirements of subsection (c).

19 TITLE III—MISCELLANEOUS

20 PROVISIONS

21 SEC. 301. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

22 AMENDMENTS.

23 (a) DECLARATION OF POLICY AND PURPOSE.—Section

24 102 of the National Aeronautics and Space Act of 1958 (42

25 U.S.C. 2451) is amended—
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1 (1) by striking subsection (f);

2 (2) by redesignating subsections (g) and (h) as

3 subsections (f) and (g), respectively; and

4 (3) in subsection (g), as redesignated by para5 graph (1) of this subsection, by striking ‘‘(f), and (g)’’

6 and inserting ‘‘and (f)’’.

7 (b) REPORTS TO CONGRESS.—Section 206(a) of the

8 National Aeronautics and Space Act of 1958 (42 U.S.C.

9 2476(a)) is amended—

10 (1) by striking ‘‘January’’ and inserting ‘‘May’’;

11 and

12 (2) by striking ‘‘calendar’’ and inserting ‘‘fis13 cal’’.

14 (c) DISCLOSURE OF TECHNICAL DATA.—Section 303

15 of the National Aeronautics and Space Act of 1958 (42

16 U.S.C. 2454) is amended by adding at the end the following

17 new subsection:

18 ‘‘(c) The Administrator may delay for a period not

19 to exceed 5 years after development, the unrestricted public

20 disclosure of technical data that would have been a trade

21 secret or commercial or financial information that is privi22 leged or confidential under the meaning of section 552(b)(4)

23 of title 5, United States Code, if the information had been

24 obtained from a non-Federal party, in any case in which

25 the technical data is generated in the performance of experi-
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1 mental, developmental, or research activities or programs

2 conducted by, or funded in whole or in part by, the Admin3 istration. The technical data referred to in the preceding

4 sentence shall not be subject to the disclosure requirements

5 of section 552 of title 5, United States Code.’’.

6 SEC. 302. ACQUISITION OF SPACE SCIENCE DATA.

7 (a) ACQUISITION FROM COMMERCIAL PROVIDERS.—

8 The Administrator may, if practicable and cost-effective,

9 while satisfying the scientific requirements of the National

10 Aeronautics and Space Administration, acquire space

11 science data from a commercial provider.

12 (b) SPACE SCIENCE DATA.—For purposes of this sec13 tion, the term ‘‘space science data’’ includes—

14 (1) scientific data concerning the elemental and

15 mineralogical resources of the moon, asteroids, planets

16 and their moons, and comets;

17 (2) Earth environmental data obtained through

18 remote sensing observations; and

19 (3) solar storm monitoring.

20 (c) SAFETY STANDARDS.—Nothing in this section shall

21 be construed to prohibit the Federal Government from re22 quiring compliance with applicable safety standards.

23 (d) LIMITATION.—This section does not authorize the

24 Administrator to provide financial assistance for the devel-
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1 opment of commercial systems for the collection of space

2 science data.

3 SEC. 303. ACQUISITION OF EARTH SCIENCE DATA.

4 (a) ACQUISITION.—For purposes of meeting Govern5 ment goals for Mission to Planet Earth, the Administrator

6 may, if practicable and cost-effective, while satisfying the

7 scientific requirements of the National Aeronautics and

8 Space Administration, procure from a commercial pro9 vider, if cost-effective, space-based and airborne Earth re10 mote sensing data, services, distribution, and applications

11 of an aggregate value not to exceed $50,000,000.

12 (b) SAFETY STANDARDS.—Nothing in this section shall

13 be construed to prohibit the Federal Government from re14 quiring compliance with applicable safety standards.

15 SEC. 304. SHUTTLE PRIVATIZATION.

16 Not later than 90 days after the date of enactment of

17 this Act, the Administrator shall prepare, and submit to

18 the Committee on Commerce, Science, and Transportation

19 of the Senate and the Committee on Science of the House

20 of Representatives a report containing—

21 (1) the findings and recommendations of the

22 Independent Shuttle Management Review Team; and

23 (2) findings and recommendations concerning

24 possible options for resolving the major policy and
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1 legal issues that are required to be addressed before

2 the Shuttle is privatized, including whether—

3 (A) the Federal Government or the Shuttle

4 contractor should own the Shuttle orbiters and

5 Shuttle ground facilities;

6 (B)(i) commercial payloads should be al7 lowed to be launched on the Shuttle; and

8 (ii) any classes of payloads should be made

9 ineligible for launch consideration;

10 (C) the public interest requires that certain

11 Shuttle functions continue to be performed by the

12 Federal Government; and

13 (D) privatization of the Shuttle would

14 produce any significant cost savings, and if so,

15 the estimated amount of those cost savings.

16 SEC. 305. LAUNCH VOUCHER DEMONSTRATION PROGRAM

17 AMENDMENTS.

18 Section 504 of the National Aeronautics and Space

19 Administration Authorization Act, Fiscal Year 1993 (15

20 U.S.C. 5803) is amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘the Office of Commercial

23 Programs within’’; and

24 (B) by striking ‘‘Such program shall not be

25 effective after September 30, 1995.’’;
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1 (2) by striking subsection (c); and

2 (3) by redesignating subsections (d) and (e) as

3 subsections (c) and (d), respectively.

4 SEC. 306. USE OF EXISTING FACILITIES.

5 (a) IN GENERAL.—In any case in which the Adminis6 trator considers the purchase, lease, or expansion of a facil7 ity to meet requirements of the National Aeronautics and

8 Space Administration, the Administrator, taking into ac9 count the applicable requirements of Federal law relating

10 to the use or disposal of excess or surplus property, includ11 ing the Federal Property and Administrative Services Act

12 of 1949, shall—

13 (1) consider whether there is available to the Ad14 ministrator for use for meeting those requirements—

15 (A) any military installation that is closed

16 or being closed;

17 (B) any facility at an installation referred

18 to in subparagraph (A); or

19 (C) any other facility that the Adminis20 trator determines to be—

21 (i) owned or leased by the United

22 States for the use of another agency of the

23 Federal Government; and

24 (ii) considered by the head of the agen25 cy involved—
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1 (I) to be excess to the needs of that

2 agency; or

3 (II) to be underutilized by that

4 agency; and

5 (2) in the case of an underutilized facility avail6 able in part for use to meet those requirements, con7 sider locating an activity of the National Aeronautics

8 and Space Administration for which a facility is re9 quired at that underutilized facility in such manner

10 as to share the use of the facility with 1 or more

11 agencies of the Federal Government.

12 (b) ADDITION OR EXPANSION.—To the maximum ex13 tent feasible and cost-effective (and not inconsistent with

14 the purposes of the Defense Base Closure and Realignment

15 Act of 1990 (104 Stat. 1808 et seq.) and the amendments

16 made by that Act), the Administrator shall meet the re17 quirements of the National Aeronautics and Space Admin18 istration for additional or expanded facilities by using fa19 cilities that—

20 (1) the Administrator considers, pursuant to

21 subsection (a), to be available to the Administrator

22 for use to meet those requirements; and

23 (2) meet the management needs of the National

24 Aeronautics and Space Administration.
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1 (c) UNDERUTILIZED INFRASTRUCTURE.—The United

2 States space launch industry has identified underutilized

3 infrastructure at the Stennis Space Center for potential use

4 in launch vehicle development activities. The proposed use

5 of this infrastructure is compatible with the Center’s pro6 pulsion test programs and consistent with other efforts to

7 optimize taxpayer investments while fostering United

8 States competitiveness and commercial use of space. The

9 National Aeronautics and Space Administration is encour10 aged to pursue an appropriate method for making the

11 underutilized Stennis Space Center infrastructure available

12 under suitable terms and conditions, if so requested by in13 dustry, and to notify the United States Senate Committee

14 on Commerce, Science, and Transportation and the United

15 States House of Representatives Committee on Science if

16 existing Administration authority is insufficient for this

17 purpose.

18 SEC. 307. AUTHORITY TO REDUCE OR SUSPEND CONTRACT

19 PAYMENTS BASED ON SUBSTANTIAL EVI20 DENCE OF FRAUD.

21 Section 2307(h)(8) of title 10, United States Code, is

22 amended by striking ‘‘and (4)’’ and inserting ‘‘(4), and

23 (6)’’.
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1 SEC. 308. NEXT GENERATION INTERNET.

2 The National Aeronautics and Space Administration

3 may participate in the Next Generation Internet (as that

4 term is used in Executive Order No. 13035) interagency

5 initiative, which is a multiagency initiative related to the

6 National High-Performance Computing and Communica7 tions Program established by section 102 of the High-Per8 formance Computing Act of 1991 (15 U.S.C. 5511).

9 SEC. 309. NOTICE.

10 (a) NOTICE OF REPROGRAMMING.—If any funds ap11 propriated pursuant to the amendments made by this Act

12 are subject to a reprogramming action that requires notice

13 to be provided to the Committees on Appropriations of the

14 Senate and the House of Representatives, notice of that ac15 tion shall concurrently be provided to the Committee on

16 Commerce, Science, and Transportation of the Senate and

17 the Committee on Science of the House of Representatives.

18 (b) NOTICE OF REORGANIZATION.—Not later than 30

19 days before any major reorganization involving the reas20 signment of more than 25 percent of the employees of any

21 program, project, or activity of the National Aeronautics

22 and Space Administration, the Administrator shall provide

23 notice to the Committees on Commerce, Science, and Trans24 portation and Appropriations of the Senate and the Com25 mittees on Science and Appropriations of the House of Rep26 resentatives.
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1 SEC. 310. SENSE OF CONGRESS ON THE YEAR 2000 PROB2 LEM.

3 With the year 2000 rapidly approaching, it is the sense

4 of Congress that the Administrator should—

5 (1) give high priority to correcting all 2-digit

6 date-related problems in the computer systems of the

7 National Aeronautics and Space Administration to

8 ensure that those systems continue to operate effec9 tively in the year 2000 and in subsequent years;

10 (2) as soon as practicable after the date of enact11 ment of this Act, assess the extent of the risk to the

12 operations of the National Aeronautics and Space Ad13 ministration posed by the problems referred to in

14 paragraph (1), and plan and budget for achieving

15 compliance for all of the mission-critical systems of

16 the system by the year 2000; and

17 (3) develop contingency plans for those systems

18 that the National Aeronautics and Space Administra19 tion is unable to correct by the year 2000.

20 SEC. 311. UNITARY WIND TUNNEL PLAN ACT OF 1949

21 AMENDMENTS.

22 The Unitary Wind Tunnel Plan Act of 1949 (50

23 U.S.C. 511 et seq.) is amended—

24 (1) in section 101 by striking ‘‘transsonic and

25 supersonic’’ and inserting ‘‘transsonic, supersonic,

26 and hypersonic’’; and
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1 (2) in section 103—

2 (A) in subsection (a)—

3 (i) by striking ‘‘laboratories’’ and in4 serting ‘‘laboratories and centers’’; and

5 (ii) by striking ‘‘supersonic’’ and in6 serting ‘‘transsonic, supersonic, and

7 hypersonic’’; and

8 (B) in subsection (c), by striking ‘‘labora9 tory’’ and inserting ‘‘facility’’.

10 SEC. 312. ENHANCEMENT OF SCIENCE AND MATHEMATICS

11 PROGRAMS.

12 (a) DEFINITIONS.—In this section—

13 (1) EDUCATIONALLY USEFUL FEDERAL EQUIP14 MENT.—The term ‘‘educationally useful Federal

15 equipment’’ means computers and related peripheral

16 tools and research equipment that is appropriate for

17 use in schools.

18 (2) SCHOOL.—The term ‘‘school’’ means a public

19 or private educational institution that serves any of

20 the grades of kindergarten through grade 12.

21 (b) SENSE OF CONGRESS.—

22 (1) IN GENERAL.—It is the sense of Congress

23 that the Administrator should, to the greatest extent

24 practicable and in a manner consistent with applica25 ble Federal law (including Executive Order No.
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1 12999), donate educationally useful Federal equip2 ment to schools in order to enhance the science and

3 mathematics programs of those schools.

4 (2) REPORTS.—Not later than 1 year after the

5 date of enactment of this Act, and annually there6 after, the Administrator shall prepare and submit to

7 Congress a report describing any donations of educa8 tionally useful Federal equipment to schools made

9 during the period covered by the report.

10 SEC. 313. AUTHORITY TO VEST TITLE.

11 Title III of the National Aeronautics and Space Act

12 of 1958 (72 Stat. 432 et seq.) is amended by adding at the

13 end the following:

14 ‘‘AUTHORITY TO VEST TITLE TO TANGIBLE PERSONAL

15 PROPERTY FOR RESEARCH OR TECHNOLOGY DEVELOPMENT

16 ‘‘SEC. 313. Notwithstanding any other provision of

17 law, the Administrator may vest title in tangible property

18 (as that term is defined by the Administrator) in any par19 ticipant that enters into a cooperative agreement with the

20 Administrator if—

21 ‘‘(1) the primary purpose of the participant is to

22 conduct scientific research or technology development;

23 ‘‘(2) the property is acquired with amounts pro24 vided under a cooperative agreement between the par25 ticipant and the Administrator to conduct scientific

26 research or technology development;
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1 ‘‘(3) the Administrator determines that vesting

2 the title to the property in the participant furthers

3 the objectives of the National Aeronautics and Space

4 Administration; and

5 ‘‘(4) the vesting of the title in the participant is

6 made—

7 ‘‘(A) on the condition that the United States

8 Government will not incur any further obliga9 tion; and

10 ‘‘(B) subject to any other condition that the

11 Administrator considers to be appropriate.’’.

12 SEC. 314. NASA MID-RANGE PROCUREMENT TEST PROGRAM.

13 Section 5062 of the Federal Acquisition Streamlining

14 Act of 1994 (108 Stat. 3356) is amended—

15 (1) in subsection (a), by inserting after the first

16 sentence the following: ‘‘In addition to providing any

17 other notice of any acquisition under the test con18 ducted under this section, the Administrator shall

19 publish a notice of that acquisition in, or make such

20 a notice available through, the automated version of

21 the Commerce Business Daily published by the Sec22 retary of Commerce.’’;

23 (2) in subsection (b), by striking ‘‘an estimated

24 annual total obligation of funds of $500,000 or less’’
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1 and inserting ‘‘a basic value (as that term is defined

2 by the Administrator)—

3 ‘‘(1) of $2,000,000 or less; or

4 ‘‘(2) if options to purchase are involved, of

5 $10,000,000 or less.’’;

6 (3) in subsection (c), by striking ‘‘$100,000,000’’

7 and inserting ‘‘$500,000,000’’; and

8 (4) in subsection (f), by striking ‘‘4 years’’ and

9 inserting ‘‘6 years’’.

10 SEC. 315. SPACE ADVERTISING.

11 (a) DEFINITION.—Section 70102 of title 49, United

12 States Code, is amended—

13 (1) by redesignating paragraphs (8) through (12)

14 as paragraphs (9) through (13), respectively; and

15 (2) by inserting after paragraph (7) the follow16 ing:

17 ‘‘(8) ‘obtrusive space advertising’ means adver18 tising in outer space that is capable of being recog19 nized by a human being on the surface of the Earth

20 without the aid of a telescope or other technological

21 device.’’.

22 (b) PROHIBITION.—Chapter 701 of title 49, United

23 States Code, is amended by inserting after section 70109

24 the following new section:
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1 ‘‘§ 70109a. Space advertising

2 ‘‘(a) LICENSING.—Notwithstanding the provisions of

3 this chapter or any other provision of law, the Secretary

4 may not, for the launch of a payload containing any mate5 rial to be used for the purposes of obtrusive space advertis6 ing—

7 ‘‘(1) issue or transfer a license under this chap8 ter; or

9 ‘‘(2) waive the license requirements of this chap10 ter.

11 ‘‘(b) LAUNCHING.—No holder of a license under this

12 chapter may launch a payload containing any material to

13 be used for purposes of obtrusive space advertising on or

14 after the date of enactment of the National Aeronautics and

15 Space Administration Authorization Act for Fiscal Years

16 1998 and 1999.

17 ‘‘(c) COMMERCIAL SPACE ADVERTISING.—Nothing in

18 this section shall apply to nonobtrusive commercial space

19 advertising, including advertising on—

20 ‘‘(1) commercial space transportation vehicles;

21 ‘‘(2) space infrastructure, payloads;

22 ‘‘(3) space launch facilities; and

23 ‘‘(4) launch support facilities.’’.

24 (c) NEGOTIATION WITH FOREIGN LAUNCHING NA25 TIONS.—
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1 (1) The President is requested to negotiate with

2 foreign launching nations for the purpose of reaching

3 1 or more agreements that prohibit the use of outer

4 space for obtrusive space advertising purposes.

5 (2) It is the sense of Congress that the President

6 should take such action as is appropriate and feasible

7 to enforce the terms of any agreement to prohibit the

8 use of outer space for obtrusive space advertising pur9 poses.

10 (3) As used in this subsection, the term ‘‘foreign

11 launching nation’’ means a nation—

12 (A) that launches, or procures the launching

13 of, a payload into outer space; or

14 (B) from the territory or facility of which

15 a payload is launched into outer space.

16 (d) CLERICAL AMENDMENT.—The table of sections for

17 chapter 701 is amended by inserting after the item relating

18 to section 70109 the following:

‘‘70109a. Space advertising.’’.

19 SEC. 316. ADMINISTRATION OF COMMERCIAL SPACE CEN20 TER PROGRAM.

21 The Administrator shall, in a coordinated manner, ad22 minister, at the headquarters of the National Aeronautics

23 and Space Administration in Washington, D.C., the Com24 mercial Space Centers.
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1 SEC. 317. INSURANCE; INDEMNIFICATION; LIABILITY.

2 (a) IN GENERAL.—The Administrator may provide li3 ability insurance for, or indemnification to, the developer

4 of an experimental aerospace vehicle developed or used in

5 execution of an agreement between the Administration and

6 the developer.

7 (b) TERMS AND CONDITIONS.—

8 (1) IN GENERAL.—Except as otherwise provided

9 in this section, the insurance and indemnification

10 provided by the Administration under subsection (a)

11 to a developer shall be provided on the same terms

12 and conditions as insurance and indemnification is

13 provided by the Administration under section 308 of

14 the National Aeronautics and Space Act of 1958 (42

15 U.S.C. 2458b) to the user of a space vehicle.

16 (2) INSURANCE.—

17 (A) IN GENERAL.—A developer shall obtain

18 liability insurance or demonstrate financial re19 sponsibility in amounts to compensate for the

20 maximum probable loss from claims by—

21 (i) a third party for death, bodily in22 jury, or property damage, or loss resulting

23 from an activity carried out in connection

24 with the development or use of an experi25 mental aerospace vehicle; and
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1 (ii) the United States Government for

2 damage or loss to Government property re3 sulting from such an activity.

4 (B) MAXIMUM REQUIRED.—The Adminis5 trator shall determine the amount of insurance

6 required, but, except as provided in subpara7 graph (C), that amount shall not be greater than

8 the amount required under section 70112(a)(3)

9 of title 49, United States Code, for a launch. The

10 Administrator shall publish notice of the Admin11 istrator’s determination and the applicable

12 amount or amounts in the Federal Register

13 within 10 days after making the determination.

14 (C) INCREASE IN DOLLAR AMOUNTS.—The

15 Administrator may increase the dollar amounts

16 set forth in section 70112(a)(3)(A) of title 49,

17 United States Code, for the purpose of applying

18 it under this section to a developer after con19 sultation with the Comptroller General and such

20 experts and consultants as may be appropriate,

21 and after publishing notice of the increase in the

22 Federal Register not less than 180 days before

23 the increase goes into effect. The Administrator

24 shall make available for public inspection, not

25 later than the date of publication of such notice,
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1 a complete record of any correspondence received

2 by the Administration, and a transcript of any

3 meetings in which the Administration partici4 pated, regarding the proposed increase.

5 (D) SAFETY REVIEW REQUIRED BEFORE AD6 MINISTRATOR PROVIDES INSURANCE.—The Ad7 ministrator may not provide liability insurance

8 or indemnification under subsection (a) unless

9 the developer establishes to the satisfaction of the

10 Administrator that appropriate safety proce11 dures and practices are being followed in the de12 velopment of the experimental aerospace vehicle.

13 (3) NO INDEMNIFICATION WITHOUT CROSS-WAIV14 ER.—Notwithstanding subsection (a), the Adminis15 trator may not indemnify a developer of an experi16 mental aerospace vehicle under this section unless

17 there is an agreement between the Administration

18 and the developer described in subsection (c) of this

19 section.

20 (4) APPLICATION OF CERTAIN PROCEDURES.—If

21 the Administrator requests additional appropriations

22 to make payments under this section, like the pay23 ments that may be made under section 308(b), then

24 the request for those appropriations shall be made in

25 accordance with the procedures established by sub-
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1 sections (d) and (e) of section 70113 of title 49,

2 United States Code.

3 (c) CROSS-WAIVERS.—

4 (1) ADMINISTRATOR AUTHORIZED TO WAIVE.—

5 The Administrator, on behalf of the United States,

6 and its departments, agencies, and instrumentalities,

7 may reciprocally waive claims with a developer and

8 with the related entities of that developer under which

9 each party to the waiver agrees to be responsible, and

10 agrees to ensure that its own related entities are re11 sponsible, for damage or loss to its property for which

12 it is responsible, or for losses resulting from any in13 jury or death sustained by its own employees or

14 agents, as a result of activities connected to the agree15 ment or use of the experimental aerospace vehicle.

16 (2) LIMITATIONS.—

17 (A) CLAIMS.—A reciprocal waiver under

18 paragraph (1) may not preclude a claim by any

19 natural person (including, but not limited to, a

20 natural person who is an employee of the United

21 States, the developer, or the developer’s sub22 contractors) or that natural person’s estate, sur23 vivors, or subrogees for injury or death, except

24 with respect to a subrogee that is a party to the
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1 waiver or has otherwise agreed to be bound by

2 the terms of the waiver.

3 (B) LIABILITY FOR NEGLIGENCE.—A recip4 rocal waiver under paragraph (1) may not ab5 solve any party of liability to any natural per6 son (including, but not limited to, a natural per7 son who is an employee of the United States, the

8 developer, or the developer’s subcontractors) or

9 such a natural person’s estate, survivors, or

10 subrogees for negligence, except with respect to a

11 subrogee that is a party to the waiver or has

12 otherwise agreed to be bound by the terms of the

13 waiver.

14 (C) INDEMNIFICATION FOR DAMAGES.—A

15 reciprocal waiver under paragraph (1) may not

16 be used as the basis of a claim by the Adminis17 tration or the developer for indemnification

18 against the other for damages paid to a natural

19 person, or that natural person’s estate, survivors,

20 or subrogees, for injury or death sustained by

21 that natural person as a result of activities con22 nected to the agreement or use of the experi23 mental aerospace vehicle.

24 (d) DEFINITIONS.—In this section:
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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the National Aeronautics and Space Ad3 ministration.

4 (2) EXPERIMENTAL AEROSPACE VEHICLE.—The

5 term ‘‘experimental aerospace vehicle’’ means an ob6 ject intended to be flown in, or launched into, sub7 orbital flight for the purpose of demonstrating tech8 nologies necessary for a reusable launch vehicle, devel9 oped under an agreement between the Administration

10 and a developer that was in effect before the date of

11 enactment of this Act.

12 (3) DEVELOPER.—The term ‘‘developer’’ means a

13 person (other than a natural person) who—

14 (A) is a party to an agreement that was in

15 effect before the date of enactment of this Act

16 with the Administration for the purpose of devel17 oping new technology for an experimental aero18 space vehicle;

19 (B) owns or provides property to be flown

20 or situated on that vehicle; or

21 (C) employs a natural person to be flown on

22 that vehicle.

23 (4) COMMON TERMS.—Any term used in this sec24 tion that is defined in the National Aeronautics and

25 Space Act of 1958 (42 U.S.C. 2451 et seq.) has the
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1 same meaning in this section as when it is used in

2 that Act.

3 (e) RELATIONSHIP TO OTHER LAWS.—

4 (1) SECTION 308 OF NATIONAL AERONAUTICS AND

5 SPACE ACT OF 1958.—This section does not apply to

6 any object, transaction, or operation to which section

7 308 of the National Aeronautics and Space Act of

8 1958 (42 U.S.C. 2458b) applies.

9 (2) CHAPTER 701 OF TITLE 49, UNITED STATES

10 CODE.—The Administrator may not provide indem11 nification to a developer under this section for

12 launches subject to license under section 70117(g)(1)

13 of title 49, United States Code.

14 (f) TERMINATION.—

15 (1) IN GENERAL.—The provisions of this section

16 shall terminate on December 31, 2002, except that the

17 Administrator may extend the termination date to a

18 date not later than September 30, 2005, if the Admin19 istrator determines that such an extension is nec20 essary to cover the operation of an experimental aero21 space vehicle.

22 (2) EFFECT OF TERMINATION ON AGREE23 MENTS.—The termination of this section does not ter24 minate or otherwise affect a cross-waiver agreement,

25 insurance agreement, indemnification agreement, or
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1 any other agreement entered into under this section

2 except as may be provided in that agreement.

Amend the title so as to read ‘‘A Bill to authorize

appropriations for the National Aeronautics and Space

Administration for fiscal years 1998, 1999, and 2000,

and for other purposes.’’