II

105TH CONGRESS

1ST SESSION S. 1250

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, 1997

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

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘National Aeronautics and Space Administration Author6 ization Act for Fiscal Years 1998 and 1999’’.

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.
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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.

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, in-
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1 cluding management restructuring, facility consoli2 dation, procurement reform, personnel base

3 downsizing, and convergence with other defense and

4 commercial sector systems, while sustaining safety

5 standards for personnel and hardware.

6 (2) The National Aeronautics and Space Ad7 ministration should sustain its proud history as the

8 leader of the United States in basic aeronautics and

9 space research.

10 (3) The United States is on the verge of creat11 ing and using new technologies in microsatellites, in12 formation processing, and space launches that could

13 radically alter the manner in which the Federal Gov14 ernment approaches its space mission.

15 (4) The Federal Government should invest in

16 the types of research and innovative technology in

17 which United States commercial providers do not in18 vest, while avoiding competition with the activities in

19 which United States commercial providers do invest.

20 (5) International cooperation in space explo21 ration and science activities serves the interest of the

22 United States.

23 (6) In participating in the National Aeronauti24 cal Test Alliance, the National Aeronautics and

25 Space Administration and the Department of De-
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1 fense should cooperate more effectively in leveraging

2 the mutual capabilities of these agencies to conduct

3 joint aeronautics and space missions that not only

4 improve United States aeronautics and space capa5 bilities, but also reduce the cost of conducting those

6 missions.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the National

11 Aeronautics and Space Administration.

12 (2) COMMERCIAL PROVIDER.—The term ‘‘com13 mercial provider’’ means any person providing space

14 transportation services or other space-related activi15 ties, the primary control of which is held by persons

16 other than a Federal, State, local, or foreign govern17 ment.

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

19 means the sequence of events of a schedule of events

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

21 the overall schedule.

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

23 agreement’’ has the meaning given that term in sec24 tion 6302(2) of title 31, United States Code.
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1 (5) INSTITUTION OF HIGHER EDUCATION.—The

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

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

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

5 (6) MAJOR REORGANIZATION.—With respect to

6 the National Aeronautics and Space Administration,

7 the term ‘‘major reorganization’’ means any reorga8 nization of the Administration that involves the reas9 signment of more than 25 percent of the employees

10 of the National Aeronautics and Space Administra11 tion.

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

13 the several States of the United States, the District

14 of Columbia, the Commonwealth of Puerto Rico, the

15 Virgin Islands, Guam, American Samoa, the Com16 monwealth of the Northern Mariana Islands, and

17 any other commonwealth, territory, or possession of

18 the United States.

19 TITLE I—AUTHORIZATION OF

20 APPROPRIATIONS

21 Subtitle A—Authorizations

22 SEC. 101. HUMAN SPACE FLIGHT.

23 (a) IN GENERAL.—There are authorized to be appro24 priated to the National Aeronautics and Space Adminis25 tration for human space flight—
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1 (1) for the International Space Station—

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

3 which $245,100,000, notwithstanding section

4 121(a), shall be used only for Space Station re5 search; and

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

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

8 121(a), shall be used only for Space Station re9 search;

10 (2) for Russian Program Assurance,

11 $50,000,000 for fiscal year 1998;

12 (3) for space shuttle operations—

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

14 and

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

16 (4) for space shuttle safety and performance

17 upgrades—

18 (A) $483,400,000 for fiscal year 1998, in19 cluding related construction of facilities of

20 which—

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

22 repair of a payload changeout room wall

23 and ceiling, Pad A, Kennedy Space Center;
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1 (ii) $1,800,000 shall be used for the

2 restoration of the pad surface and slope,

3 Pad A, Kennedy Space Center; and

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

5 rehabilitation of a 480V electrical distribu6 tion system, Michoud Assembly Facility;

7 and

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

9 (5) for payload and utilization operations—

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

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

12 (b) AVAILABILITY OF INTERNATIONAL SPACE STA13 TION FUNDING.—Of the amounts made available to the

14 National Aeronautics and Space Administration under

15 subsection (a)(1)(A)—

16 (1) $1,500,000,000 shall be available for the

17 purpose specified in that section before March 31,

18 1998; and

19 (2) $771,300,000 shall be made available after

20 that date if the Administrator has met the applicable

21 requirements under section 205.

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

3 which—

4 (i) $45,600,000 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) $507,400,000 shall be used for

9 mission operations and data analysis, of

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

11 analysis; and

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

13 (2) for life and microgravity sciences and appli14 cations—

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

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

17 (3) for Mission to Planet Earth—

18 (A) $1,417,300,000 for fiscal year 1998;

19 and

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

21 (4) for aeronautics and space transportation

22 technology—

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

24 which—
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1 (i) $920,100,000 shall be used for

2 aeronautical research and technology, of

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

4 used for the Aviation Safety Program;

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

6 advanced space transportation technology,

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

8 for the X–33 advanced technology dem9 onstration vehicle program; and

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

11 commercial technology; and

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

13 of which—

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

15 aeronautical research and technology, of

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

17 used for the Aviation Safety Program;

18 (ii) $408,498,000 shall be used for

19 advanced space transportation technology,

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

21 for the X–33 advanced technology dem22 onstration vehicle program; and

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

24 commercial technology;

25 (5) for mission communication services—
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1 (A) $400,800,000 for fiscal year 1998; and

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

3 (6) for academic programs—

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

5 which—

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

7 National Space Grant College and Fellow8 ship Program; and

9 (ii) $45,900,000 shall be used for mi10 nority university research and education at

11 institutions such as Hispanic-serving insti12 tutions (as that term is defined in section

13 316(b)(1) of the Higher Education Act of

14 1965 (20 U.S.C. 1059c(b)(1))) and tribally

15 controlled community colleges (as that

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

17 Tribally Controlled Community College As18 sistance Act of 1978 (25 U.S.C.

19 1801(a)(4))) including $30,500,000 for

20 historically black colleges and universities;

21 and

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

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

24 university research and education (at institu25 tions such as Hispanic-serving institutions and
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1 tribally controlled community colleges) of which

2 $31,415,000 shall be used for historically black

3 colleges and universities; and

4 (7) $5,700,000 for fiscal year 1998 for the con5 struction of facilities, of which—

6 (A) $2,000,000 shall be used for modifica7 tions for the installation of the Bio-Plex facility

8 at the Johnson Space Center; and

9 (B) $3,700,000 shall be used for the reha10 bilitation and modification of the B–2 test

11 stand at the Stennis Space 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; and

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

20 (2) for space communication services—

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

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

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

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

25 of which—
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1 (i) $2,700,000 shall be used for the mod2 ernization of the process cooling system of the

3 Numerical Aerodynamic Simulation Facility,

4 Ames Research Center;

5 (ii) $2,800,000 shall be used for the reha6 bilitation and modification of the hangar and

7 shop of the Dryden Flight Research Center;

8 (iii) $2,400,000 shall be used for the res9 toration of the chilled water distribution system

10 at the Goddard Space Flight Center;

11 (iv) $4,600,000 shall be used for the res12 toration of the Space/Terrestrial Application

13 Facility at the Goddard Space Flight Center;

14 (v) $4,800,000 shall be used for the con15 struction of emergency services facility at the

16 Jet Propulsion Laboratory;

17 (vi) $5,900,000 shall be used for the up18 grade of the Utility Annex Chilled Water Plant,

19 at the Kennedy Space Center;

20 (vii) $9,400,000 shall be used for the reha21 bilitation of the high-voltage system at the

22 Lewis Research Center;

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

24 modification of the chilled water system at the

25 Marshall Space Flight Center;
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1 (ix) $65,700,000 shall be used for the

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

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

5 construction of new facilities and additions to

6 existing facilities at various locations;

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

8 planning and design, not otherwise provided for;

9 and

10 (xii) $34,000,000 shall be used for envi11 ronmental compliance and restoration; and

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

13 of facilities, including land acquisition, for fiscal year

14 1999; and

15 (4) for research and program management, in16 cluding personnel and related costs, travel, and re17 search operations support—

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

19 and

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

21 SEC. 104. INSPECTOR GENERAL.

22 There are authorized to be appropriated to the Na23 tional Aeronautics and Space Administration for Inspector

24 General—

25 (1) $18,300,000 for fiscal year 1998; and
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1 (2) $18,849,000 for fiscal year 1999.

2 Subtitle B—Limitations and

3 Special Authority

4 SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

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

6 appropriations under paragraphs (1) through (4) of sec7 tion 101, section 102, and paragraphs (1) and (2) of sec8 tion 103 and funds made available by appropriations for

9 research operations support pursuant to section 103(4)

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

11 such funds are appropriated, be used for—

12 (1) the construction of new facilities; and

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

14 modification of existing facilities (in existence on the

15 date on which such funds are made available by ap16 propriation).

17 (b) LIMITATION.—

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

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

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

21 the estimated cost to the National Aeronautics and

22 Space Administration, including collateral equip23 ment, exceeds $1,000,000.

24 (2) DATE.—The date specified in this para25 graph is the date that is 30 days after the Adminis-
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1 trator notifies the Committee on Commerce, Science,

2 and Transportation of the Senate and the Commit3 tee on Science of the House of Representatives of

4 the nature, location, and estimated cost to the Na5 tional Aeronautics and Space Administration of the

6 project referred to in paragraph (1).

7 (c) TITLE TO FACILITIES.—

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

9 to subsection (a) for grants for the purchase or con10 struction of additional research facilities to institu11 tions of higher education, or to nonprofit organiza12 tions whose primary purpose is the conduct of sci13 entific research, title to these facilities shall be vest14 ed in the United States.

15 (2) EXCEPTION.—If the Administrator deter16 mines that the national program of aeronautical and

17 space activities will best be served by vesting title to

18 a facility referred to in paragraph (1) in an institu19 tion or organization referred to in that paragraph,

20 the title to that facility shall vest in that institution

21 or organization.

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

23 paragraph (1) shall be made under such conditions

24 as the Administrator determines to be necessary to

25 ensure that the United States will receive benefits
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1 from the grant that are adequate to justify the mak2 ing of the grant.

3 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

4 To the extent provided in appropriations Acts, appro5 priations authorized under subtitle A may remain avail6 able 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(3)(A), paragraph (7) of section 102, or section

13 103(3), the Administrator may, for that purpose, from

14 funds otherwise available to the Administrator—

15 (1) use an additional amount equal to 10 per16 cent of the amount specified; or

17 (2) to meet unusual cost variations, use an ad18 ditional amount equal to 25 percent of that amount,

19 after the termination of a 30-day period beginning

20 on the date on which the Administrator submits a

21 report on the circumstances of such action by the

22 Administrator to the Committee on Commerce,

23 Science, and Transportation of the Senate and the

24 Committee on Science of the House of Representa25 tives.
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1 (b) LIMITATION.—The aggregate amount authorized

2 to be appropriated for construction of facilities under

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

4 (7) of section 102, and section 103(3) shall not be in5 creased as a result of any action taken by the Adminis6 trator under paragraph (1) or (2).

7 SEC. 114. CONSIDERATION BY COMMITTEES.

8 (a) IN GENERAL.—

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

10 provided in subsection (b), notwithstanding any

11 other provision of law, no amount made available by

12 appropriations for the National Aeronautics and

13 Space Administration in excess of the amount au14 thorized for that program under this title may be

15 used for any program with respect to which—

16 (A) the annual budget request submitted

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

18 31, United States Code, included a request for

19 funding; and

20 (B) for the fiscal year of the request re21 ferred to in subparagraph (A), Congress denied

22 or did not provide funding.

23 (2) PROHIBITION.—Notwithstanding any other

24 provision of law, no amount made available by ap25 propriations to the National Aeronautics and Space
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1 Administration may be used for any program that is

2 not authorized under this Act, except for projects for

3 construction of facilities.

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

5 of the National Aeronautics and Space Administration

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

7 date on which the Administrator provides a notice to the

8 Committee on Commerce, Science, and Transportation of

9 the Senate and the Committee on Science of the House

10 of Representatives that contains—

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

12 proposed to be taken by the Administrator with re13 spect to that program; and

14 (2) the facts and circumstances that the Ad15 ministrator relied on to support the proposed action

16 referred to in paragraph (1).

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

18 Committee on Commerce, Science, and Transportation of

19 the Senate and the Committee on Science of the House

20 of Representatives fully and currently informed with re21 spect to all activities and responsibilities of the National

22 Aeronautics and Space Administration within the jurisdic23 tion 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 avail4 able by appropriations pursuant to section 103 may be

5 used by the Administrator for scientific consultations or

6 extraordinary expenses.

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

9 Of the amounts authorized to be appropriated for

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

11 fiscal years 1998 and 1999, 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 dur25 ing its assembly and operational phases could poten-
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1 tially lower costs and increase benefits to the inter2 national partners; and

3 (3) when completed, the International Space

4 Station will be the largest, most capable micro5 gravity research facility ever developed. It will pro6 vide a lasting framework for conducting large-scale

7 science programs with international partners and it

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

9 The United States should commit to completing this

10 program, thereby reaping the benefits of scientific

11 research and 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 ca18 pabilities 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 COMMER2 CIAL PROVIDERS.—Not later than 90 days after the

3 date of enactment of this Act, the Administrator

4 shall conduct a study and prepare and submit to the

5 Committee on Commerce, Science, and Transpor6 tation of the Senate and the Committee on Science

7 of the House of Representatives, a report on the

8 findings of that study.

9 (2) CONTENTS OF STUDY.—The study con10 ducted under this subsection shall identify and ex11 amine—

12 (A) the opportunities for commercial pro13 viders to play a role in International Space Sta14 tion activities, including operation, use, servic15 ing, and augmentation;

16 (B) the potential cost savings to be derived

17 from commercial providers playing a role in

18 each of the activities referred to in subpara19 graph (A);

20 (C) the activities of the International

21 Space Station with respect to which the Federal

22 Government has a unique role or a role that is

23 more cost-effective than could otherwise be pro24 vided by a commercial provider;
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1 (D) which of the opportunities described in

2 subparagraph (A) (if any) the Administrator

3 plans to make available to commercial providers

4 in fiscal years 1998 and 1999;

5 (E) the specific policies and initiatives that

6 the Administrator is advancing to encourage

7 and facilitate the commercial opportunities re8 ferred to in subparagraph (A); and

9 (F) the revenues and cost reimbursements

10 to the Federal Government from commercial

11 users of the International Space Station.

12 (3) INDEPENDENTLY CONDUCTED MARKET

13 STUDY.—The Administrator shall—

14 (A) provide for an independently conducted

15 market study that—

16 (i) examines and evaluates potential

17 industry interest in—

18 (I) providing commercial goods

19 and services for the operation, servic20 ing, and augmentation of the Inter21 national Space Station; and

22 (II) the commercial use of the

23 International Space Station; and

24 (ii) includes updates to the cost sav25 ings and revenue estimates made in the
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1 study described in paragraph (1), based on

2 the external market assessment; and

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

4 study to the Committee on Commerce, Science,

5 and Transportation of the Senate and the Com6 mittee on Science of the House of Representa7 tives, within 180 days after the date of enact8 ment of this Act.

9 SEC. 203. INTERNATIONAL SPACE STATION LIMITATIONS.

10 (a) TRANSFER OF FUNDS TO RUSSIA.—

11 (1) IN GENERAL.—No funds or in-kind pay12 ments shall be transferred to any entity of the Gov13 ernment of Russia or any Russian contractor to per14 form work on the International Space Station which

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

16 provide at the expense of the Government of Russia.

17 (2) APPLICABILITY.—This section shall not

18 apply to the purchase or modification of the Russian

19 built, United States owned Functional Cargo Block,

20 known as the ‘‘FCB’’.

21 (b) CONTINGENCY PLAN FOR RUSSIAN ELEMENTS IN

22 CRITICAL PATH.—

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

24 the date of enactment of this Act, the Administrator

25 shall develop and submit to Congress a contingency
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1 plan for the replacement of each element of the

2 International Space Station for which the Govern3 ment of Russia is responsible that lies in the critical

4 path of the Space Station, including operations.

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

6 under this subsection shall include—

7 (A) decision points for replacing the ele8 ments referred to in paragraph (1) if the Inter9 national Space Station is to be completed;

10 (B) the cost of implementing each decision

11 referred to in subparagraph (A); and

12 (C) the cost of replacing such a critical

13 path element after the applicable decision point

14 has passed, if—

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

16 replace that element; and

17 (ii) the Administrator determines

18 after the decision referred to in clause (i)

19 is made that the Government of Russia

20 will be unable to provide the critical path

21 element in a manner to allow completion of

22 the International Space Station; and

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

24 implement the contingency plan; and
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1 (ii) an assessment of the impact of the

2 contingency plan on programs that have been

3 approved by the Administrator before the devel4 opment of the contingency plan.

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

6 enactment of this Act, the Administrator shall not place

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

8 without the Space Shuttle attached to Mir, until the Ad9 ministrator assures Congress in writing that the Mir

10 Space Station is safe for human occupancy, and that as11 surance shall be based on an independent review of the

12 safety of the Mir Space Station.

13 SEC. 204. NATIONAL RESEARCH COUNCIL STUDY.

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

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

16 National Aeronautics and Space Administration pursuant

17 to the authorizations contained in this Act to provide for

18 a study under this section.

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

20 the Administrator shall enter into a contract or other ap21 propriate arrangement with the appropriate official of the

22 National Research Council of the National Academy of

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

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

25 and capabilities of the Space Station—
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1 (1) the engineering challenges posed by—

2 (A) extravehicular (commonly referred to

3 as ‘‘EVA’’) requirements; and

4 (B) space launch requirements of the

5 United States and other foreign countries;

6 (2) the potential need to upgrade or replace

7 equipment and components of the Space Station

8 after the assembly of the Space Station is complete;

9 and

10 (3) the requirement to decommission and dis11 assemble the Space Station.

12 (c) REPORTS.—

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

14 1998, the Administrator shall submit to Congress an

15 interim report that contains the findings of the Na16 tional Research Council as of that date with respect

17 to the study conducted under this section.

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

19 1, 1998, upon completion of the study under this

20 section, the Administrator shall submit to Congress

21 a final report on the findings of the National Re22 search Council with respect to the study.
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1 SEC. 205. LIMITATION ON THE INTERNATIONAL SPACE STA2 TION BUDGET.

3 Taking into account the number of design changes

4 needed in the International Space Station and the infor5 mation that Congress has received concerning the rising

6 costs that will be associated with the International Space

7 Station, the Administrator, in consultation with the Comp8 troller General of the United States, shall—

9 (1) establish an updated total life cycle cost es10 timate for the International Space Station by not

11 later than 90 days after the date of enactment of

12 this Act; and

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

14 Commerce, Science, and Transportation of the Sen15 ate and the Committee on Science of the House of

16 Representatives a report that contains—

17 (A) the updated total life cycle cost esti18 mate referred to in paragraph (1) and an expla19 nation of how the costs will be shared among

20 international project partners; and

21 (B) recommendations for the maximum ag22 gregate amount necessary to carry out the

23 International Space Station for the remaining

24 fiscal years of the International Space Station

25 program, for inclusion in the budget for the
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1 International Space Station, including a break2 down of the maximum amount necessary for—

3 (i) research;

4 (ii) design;

5 (iii) construction;

6 (iv) delivery;

7 (v) launch;

8 (vi) operation;

9 (vii) assembly; and

10 (viii) disassembly.

11 TITLE III—MISCELLANEOUS

12 PROVISIONS

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

14 AMENDMENTS.

15 (a) DECLARATION OF POLICY AND PURPOSE.—Sec16 tion 102 of the National Aeronautics and Space Act of

17 1958 (42 U.S.C. 2451) is amended—

18 (1) by striking subsection (f);

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

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

21 (3) in subsection (g), as redesignated by para22 graph (1) of this subsection, by striking ‘‘(f), and

23 (g)’’ and inserting ‘‘and (f)’’.
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1 (b) REPORTS TO CONGRESS.—Section 206(a) of the

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

3 2476(a)) is amended—

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

5 and

6 (2) by striking ‘‘calendar’’ and inserting ‘‘fis7 cal’’.

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

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

10 U.S.C. 2454) is amended by adding at the end the follow11 ing new subsection:

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

13 to exceed 5 years after development, the unrestricted pub14 lic disclosure of technical data that would have been a

15 trade secret or commercial or financial information that

16 is privileged or confidential under the meaning of section

17 552(b)(4) of title 5, United States Code, if the information

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

19 in which the technical data is generated in the perform20 ance of experimental, developmental, or research activities

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

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

23 the preceding sentence shall not be subject to the disclo24 sure requirements of section 552 of title 5, United States

25 Code.’’.
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1 SEC. 302. ACQUISITION OF SPACE SCIENCE DATA.

2 (a) ACQUISITION FROM COMMERCIAL PROVIDERS.—

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

4 while satisfying the scientific requirements of the National

5 Aeronautics and Space Administration, acquire space

6 science data from a commercial provider.

7 (b) SPACE SCIENCE DATA.—For purposes of this sec8 tion, the term ‘‘space science data’’ includes—

9 (1) scientific data concerning the elemental and

10 mineralogical resources of the moon, asteroids, plan11 ets and their moons, and comets;

12 (2) Earth environmental data obtained through

13 remote sensing observations; and

14 (3) solar storm monitoring.

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

16 shall be construed to prohibit the Federal Government

17 from requiring compliance with applicable safety stand18 ards.

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

20 Administrator to provide financial assistance for the devel21 opment of commercial systems for the collection of space

22 science data.

23 SEC. 303. ACQUISITION OF EARTH SCIENCE DATA.

24 (a) ACQUISITION.—For purposes of meeting Govern25 ment goals for Mission to Planet Earth, the Administrator

26 may, if practicable and cost-effective, while satisfying the
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1 scientific requirements of the National Aeronautics and

2 Space Administration, procure from a commercial pro3 vider, if cost-effective, space-based and airborne Earth re4 mote sensing data, services, distribution, and applications

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

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

7 shall be construed to prohibit the Federal Government

8 from requiring compliance with applicable safety stand9 ards.

10 SEC. 304. SHUTTLE PRIVATIZATION.

11 Not later than 90 days after the date of enactment

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

13 to the Committee on Commerce, Science, and Transpor14 tation of the Senate and the Committee on Science of the

15 House of Representatives a report containing—

16 (1) the findings and recommendations of the

17 Independent Shuttle Management Review Team; and

18 (2) findings and recommendations concerning

19 possible options for resolving the major policy and

20 legal issues that are required to be addressed before

21 the Shuttle is privatized, including whether—

22 (A) the Federal Government or the Shuttle

23 contractor should own the Shuttle orbiters and

24 Shuttle ground facilities;
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1 (B)(i) commercial payloads should be al2 lowed to be launched on the Shuttle; and

3 (ii) any classes of payloads should be made

4 ineligible for launch consideration;

5 (C) the public interest requires that certain

6 Shuttle functions continue to be performed by

7 the Federal Government; and

8 (D) privatization of the Shuttle would

9 produce any significant cost saving, and if so,

10 the estimated amount of those cost savings.

11 SEC. 305. LAUNCH VOUCHER DEMONSTRATION PROGRAM

12 AMENDMENTS.

13 Section 504 of the National Aeronautics and Space

14 Administration Authorization Act, Fiscal Year 1993 (15

15 U.S.C. 5803) is amended—

16 (1) in subsection (a)—

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

18 Programs within’’; and

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

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

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

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

23 subsections (c) and (d), respectively.
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1 SEC. 306. USE OF EXISTING FACILITIES.

2 (a) IN GENERAL.—In any case in which the Adminis3 trator considers the purchase, lease, or expansion of a fa4 cility to meet requirements of the National Aeronautics

5 and Space Administration, the Administrator, taking into

6 account the applicable requirements of Federal law relat7 ing to the use or disposal of excess or surplus property,

8 including the Federal Property and Administrative Serv9 ices Act of 1949, shall—

10 (1) consider whether there is available to the

11 Administrator for use for meeting those require12 ments—

13 (A) any military installation that is closed

14 or being closed;

15 (B) any facility at an installation referred

16 to in subparagraph (A); or

17 (C) any other facility that the Adminis18 trator determines to be—

19 (i) owned or leased by the United

20 States for the use of another agency of the

21 Federal Government; and

22 (ii) considered by the head of the

23 agency involved—

24 (I) to be excess to the needs of

25 that agency; or
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1 (II) to be underutilized by that

2 agency; and

3 (2) in the case of an underutilized facility avail4 able in part for use to meet those requirements, con5 sider locating an activity of the National Aeronautics

6 and Space Administration for which a facility is re7 quired at that underutilized facility in such manner

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

9 agencies of the Federal Government.

10 (b) ADDITION OR EXPANSION.—To the maximum ex11 tent feasible and cost-effective (and not inconsistent with

12 the purposes of the Defense Base Closure and Realign13 ment Act of 1990 (104 Stat. 1808 et seq.) and the amend14 ments made by that Act), the Administrator shall meet

15 the requirements of the National Aeronautics and Space

16 Administration for additional or expanded facilities by

17 using facilities that—

18 (1) the Administrator considers, pursuant to

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

20 for use to meet those requirements; and

21 (2) meet the management needs of the National

22 Aeronautics and Space Administration.
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1 SEC. 307. AUTHORITY TO REDUCE OR SUSPEND CONTRACT

2 PAYMENTS BASED ON SUBSTANTIAL EVI3 DENCE OF FRAUD.

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

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

6 (6)’’.

7 SEC. 308. NEXT GENERATION INTERNET.

8 The National Aeronautics and Space Administration

9 may participate in the Next Generation Internet (as that

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

11 initiative, which is a multiagency initiative related to the

12 National High-Performance Computing and Communica13 tions Program established by section 102 of the High-Per14 formance Computing Act of 1991 (15 U.S.C. 5511).

15 SEC. 309. NOTICE.

16 (a) NOTICE OF REPROGRAMMING.—If any funds ap17 propriated pursuant to the amendments made by this Act

18 are subject to a reprogramming action that requires notice

19 to be provided to the Committees on Appropriations of the

20 Senate and the House of Representatives, notice of that

21 action shall concurrently be provided to the Committee on

22 Commerce, Science, and Transportation of the Senate and

23 the Committee on Science of the House of Representa24 tives.

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

26 30 days before any major reorganization involving the re-
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1 assignment of more than 25 percent of the employees of

2 any program, project, or activity of the National Aero3 nautics and Space Administration, the Administrator shall

4 provide notice to the Committees on Commerce, Science,

5 and Transportation and Appropriations of the Senate and

6 the Committees on Science and Appropriations of the

7 House of Representatives.

8 SEC. 310. SENSE OF CONGRESS ON THE YEAR 2000 PROB9 LEM.

10 With the year 2000 rapidly approaching, it is the

11 sense of Congress that the Administrator should—

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

13 date-related problems in the computer systems of

14 the National Aeronautics and Space Administration

15 to ensure that those systems continue to operate ef16 fectively in the year 2000 and in subsequent years;

17 (2) as soon as practicable after the date of en18 actment of this Act, assess the extent of the risk to

19 the operations of the National Aeronautics and

20 Space Administration posed by the problems re21 ferred to in paragraph (1), and plan and budget for

22 achieving compliance for all of the mission-critical

23 systems of the system by the year 2000; and
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1 (3) develop contingency plans for those systems

2 that the National Aeronautics and Space Adminis3 tration is unable to correct by the year 2000.

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

5 AMENDMENTS.

6 The Unitary Wind Tunnel Plan Act of 1949 (50

7 U.S.C. 511 et seq.) is amended—

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

9 supersonic’’ and inserting ‘‘transsonic, supersonic,

10 and hypersonic’’; and

11 (2) in section 103—

12 (A) in subsection (a)—

13 (i) by striking ‘‘laboratories’’ and in14 serting ‘‘laboratories and centers’’; and

15 (ii) by striking ‘‘supersonic’’ and in16 serting ‘‘transsonic, supersonic, and

17 hypersonic’’; and

18 (B) in subsection (c), by striking ‘‘labora19 tory’’ and inserting ‘‘facility’’.

20 SEC. 312. ENHANCEMENT OF SCIENCE AND MATHEMATICS

21 PROGRAMS.

22 (a) DEFINITIONS.—In this section—

23 (1) EDUCATIONALLY USEFUL FEDERAL EQUIP24 MENT.—The term ‘‘educationally useful Federal

25 equipment’’ means computers and related peripheral
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1 tools and research equipment that is appropriate for

2 use in schools.

3 (2) SCHOOL.—The term ‘‘school’’ means a pub4 lic or private educational institution that serves any

5 of the grades of kindergarten through grade 12.

6 (b) SENSE OF CONGRESS.—

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

8 that the Administrator should, to the greatest extent

9 practicable and in a manner consistent with applica10 ble Federal law (including Executive Order No.

11 12999), donate educationally useful Federal equip12 ment to schools in order to enhance the science and

13 mathematics programs of those schools.

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

15 date of enactment of this Act, and annually there16 after, the Administrator shall prepare and submit to

17 Congress a report describing any donations of edu18 cationally useful Federal equipment to schools made

19 during the period covered by the report.

20 SEC. 313. AUTHORITY TO VEST TITLE.

21 Title III of the National Aeronautics and Space Act

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

23 the end the following:
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1 ‘‘AUTHORITY TO VEST TITLE TO TANGIBLE PERSONAL

2 PROPERTY FOR RESEARCH OR TECHNOLOGY DEVEL3 OPMENT

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

5 law, the Administrator may vest title in tangible property

6 (as that term is defined by the Administrator) in any par7 ticipant that enters into a cooperative agreement with the

8 Administrator if—

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

10 to conduct scientific research or technology develop11 ment;

12 ‘‘(2) the property is acquired with amounts pro13 vided under a cooperative agreement between the

14 participant and the Administrator to conduct sci15 entific research or technology development;

16 ‘‘(3) the Administrator determines that vesting

17 the title to the property in the participant furthers

18 the objectives of the National Aeronautics and Space

19 Administration; and

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

21 is made—

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

23 States Government will not incur any further

24 obligation; and
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1 ‘‘(B) subject to any other condition that

2 the Administrator considers to be appropriate.’’.

3 SEC. 314. NASA MID-RANGE PROCUREMENT TEST PRO4 GRAM.

5 Section 5062 of the Federal Acquisition Streamlining

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

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

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

9 other notice of any acquisition under the test con10 ducted under this section, the Administrator shall

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

12 a notice available through, the automated version of

13 the Commerce Business Daily published by the Sec14 retary of Commerce.’’;

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

16 annual total obligation of funds of $500,000 or less’’

17 and inserting ‘‘a basic value (as that term is defined

18 by the Administrator)—

19 ‘‘(1) of $2,000,000 or less; or

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

21 $10,000,000 or less.’’;

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

23 ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’; and

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

25 inserting ‘‘6 years’’.
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1 SEC. 315. SPACE ADVERTISING.

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

3 States Code, is amended—

4 (1) by redesignating paragraphs (8) through

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

6 and

7 (2) by inserting after paragraph (7) the follow8 ing:

9 ‘‘(8) ‘obtrusive space advertising’ means adver10 tising in outer space that is capable of being recog11 nized by a human being on the surface of the Earth

12 without the aid of a telescope or other technological

13 device.’’.

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

15 States Code, is amended by inserting after section 70109

16 the following new section:

17 ‘‘§ 70109a. Space advertising

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

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

20 may not, for the launch of a payload containing any mate21 rial to be used for the purposes of obtrusive space advertis22 ing—

23 ‘‘(1) issue or transfer a license under this chap24 ter; or

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

26 chapter.
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1 ‘‘(b) LAUNCHING.—No holder of a license under this

2 chapter may launch a payload containing any material to

3 be used for purposes of obtrusive space advertising on or

4 after the date of enactment of the National Aeronautics

5 and Space Administration Authorization Act for Fiscal

6 Years 1998 and 1999.

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

8 this section shall apply to nonobtrusive commercial space

9 advertising, including advertising on—

10 ‘‘(1) commercial space transportation vehicles;

11 ‘‘(2) space infrastructure, payloads;

12 ‘‘(3) space launch facilities; and

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

14 (c) NEGOTIATION WITH FOREIGN LAUNCHING NA15 TIONS.—

16 (1) The President is requested to negotiate with

17 foreign launching nations for the purpose of reach18 ing 1 or more agreements that prohibit the use of

19 outer space for obtrusive space advertising purposes.

20 (2) It is the sense of Congress that the Presi21 dent should take such action as is appropriate and

22 feasible to enforce the terms of any agreement to

23 prohibit the use of outer space for obtrusive space

24 advertising purposes.
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1 (3) As used in this subsection, the term ‘‘for2 eign launching nation’’ means a nation—

3 (A) that launches, or procures the launch4 ing of, a payload into outer space; or

5 (B) from the territory or facility of which

6 a payload is launched into outer space.

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

8 for chapter 701 is amended by inserting after the item

9 relating to section 70109 the following:

‘‘70109a. Space advertising.’’.

10 SEC. 316. ADMINISTRATION OF COMMERCIAL SPACE CEN11 TER PROGRAM.

12 The Administrator shall, in a coordinated manner,

13 administer, at the headquarters of the National Aero14 nautics and Space Administration in Washington, D.C.,

15 the Commercial Space Center.

16 SEC. 317. INSURANCE; INDEMNIFICATION; LIABILITY.

17 (a) IN GENERAL.—The Administrator may provide li18 ability insurance for, or indemnification to, the developer

19 of an experimental aerospace vehicle developed or used in

20 execution of an agreement between the Administration

21 and the developer.

22 (b) TERMS AND CONDITIONS.—

23 (1) IN GENERAL.—Except as otherwise pro24 vided in this section, the insurance and indemnifica25 tion provided by the Administration under sub-
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1 section (a) to a developer shall be provided on the

2 same terms and conditions as insurance and indem3 nification is provided by the Administration under

4 section 308 of the National Aeronautics and Space

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

6 space vehicle.

7 (2) INSURANCE.—

8 (A) IN GENERAL.—A developer shall ob9 tain liability insurance or demonstrate financial

10 responsibility in amounts to compensate for the

11 maximum probable loss from claims by—

12 (i) a third party for death, bodily in13 jury, or property damage, or loss resulting

14 from an activity carried out in connection

15 with the development or use of an experi16 mental aerospace vehicle; and

17 (ii) the United States Government for

18 damage or loss to Government property re19 sulting from such an activity.

20 (B) MAXIMUM REQUIRED.—The Adminis21 trator shall determine the amount of insurance

22 required, but, except as provided in subpara23 graph (C), that amount shall not be greater

24 than the amount required under section

25 70112(a)(3) of title 49, United States Code, for
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1 a launch. The Administrator shall publish no2 tice of the Administrator’s determination and

3 the applicable amount or amounts in the Fed4 eral Register within 10 days after making the

5 determination.

6 (C) INCREASE IN DOLLAR AMOUNTS.—The

7 Administrator may increase the dollar amounts

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

9 United States Code, for the purpose of applying

10 it under this section to a developer after con11 sultation with the Comptroller General and

12 such experts and consultants as may be appro13 priate, and after publishing notice of the in14 crease in the Federal Register not less than 180

15 days before the increase goes into effect. The

16 Administrator shall make available for public

17 inspection, not later than the date of publica18 tion of such notice, a complete record of any

19 correspondence received by the Administration,

20 and a transcript of any meetings in which the

21 Administration participated, regarding the pro22 posed increase.

23 (D) SAFETY REVIEW REQUIRED BEFORE

24 ADMINISTRATOR PROVIDES INSURANCE.—The

25 Administrator may not provide liability insur-
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1 ance or indemnification under subsection (a)

2 unless the developer establishes to the satisfac3 tion of the Administrator that appropriate safe4 ty procedures and practices are being followed

5 in the development of the experimental aero6 space vehicle.

7 (3) NO INDEMNIFICATION WITHOUT CROSS8 WAIVER.—Notwithstanding subsection (a), the Ad9 ministrator may not indemnify a developer of an ex10 perimental aerospace vehicle under this section un11 less there is an agreement between the Administra12 tion and the developer described in subsection (c) of

13 this section.

14 (4) APPLICATION OF CERTAIN PROCEDURES.—

15 If the Administrator requests additional appropria16 tions to make payments under this section, like the

17 payments that may be made under section 308(b),

18 then the request for those appropriations shall be

19 made in accordance with the procedures established

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

21 49, United States Code.

22 (c) CROSS-WAIVERS.—

23 (1) ADMINISTRATOR AUTHORIZED TO WAIVE.—

24 The Administrator, on behalf of the United States,

25 and its departments, agencies, and instrumentalities,
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1 may reciprocally waive claims with a developer and

2 with the related entities of that developer under

3 which each party to the waiver agrees to be respon4 sible, and agrees to ensure that its own related enti5 ties are responsible, for damage or loss to its prop6 erty for which it is responsible, or for losses result7 ing from any injury or death sustained by its own

8 employees or agents, as a result of activities con9 nected to the agreement or use of the experimental

10 aerospace vehicle.

11 (2) LIMITATIONS.—

12 (A) CLAIMS.—A reciprocal waiver under

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

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

15 natural person who is an employee of the Unit16 ed States, the developer, or the developer’s sub17 contractors) or that natural person’s estate,

18 survivors, or subrogees for injury or death, ex19 cept with respect to a subrogee that is a party

20 to the waiver or has otherwise agreed to be

21 bound by the terms of the waiver.

22 (B) LIABILITY FOR NEGLIGENCE.—A re23 ciprocal waiver under paragraph (1) may not

24 absolve any party of liability to any natural per25 son (including, but not limited to, a natural
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1 person who is an employee of the United

2 States, the developer, or the developer’s sub3 contractors) or such a natural person’s estate,

4 survivors, or subrogees for negligence, except

5 with respect to a subrogee that is a party to

6 the waiver or has otherwise agreed to be bound

7 by the terms of the waiver.

8 (C) INDEMNIFICATION FOR DAMAGES.—A

9 reciprocal waiver under paragraph (1) may not

10 be used as the basis of a claim by the Adminis11 tration or the developer for indemnification

12 against the other for damages paid to a natural

13 person, or that natural person’s estate, survi14 vors, or subrogees, for injury or death sustained

15 by that natural person as a result of activities

16 connected to the agreement or use of the exper17 imental aerospace vehicle.

18 (d) DEFINITIONS.—In this section:

19 (1) ADMINISTRATION.—The term ‘‘Administra20 tion’’ means the National Aeronautics and Space

21 Administration.

22 (2) EXPERIMENTAL AEROSPACE VEHICLE.—

23 The term ‘‘experimental aerospace vehicle’’ means

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

25 suborbital flight for the purpose of demonstrating
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1 technologies necessary for a reusable launch vehicle,

2 developed under an agreement between the Adminis3 tration and a developer that was in effect before the

4 date of enactment of this Act.

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

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

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

8 effect before the date of enactment of this Act

9 with the Administration for the purpose of de10 veloping new technology for an experimental

11 aerospace vehicle;

12 (B) owns or provides property to be flown

13 or situated on that vehicle; or

14 (C) employs a natural person to be flown

15 on that vehicle.

16 (4) COMMON TERMS.—Any term used in this

17 section that is defined in the National Aeronautics

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

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

20 in that Act.

21 (e) RELATIONSHIP TO OTHER LAWS.—

22 (1) SECTION 308 OF NATIONAL AERONAUTICS

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

24 apply to any object, transaction, or operation to
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1 which section 308 of the National Aeronautics and

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

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

4 CODE.—The Administrator may not provide indem5 nification to a developer under this section for

6 launches subject to license under section

7 70117(g)(1) of title 49, United States Code.

8 (f) TERMINATION.—

9 (1) IN GENERAL.—The provisions of this sec10 tion shall terminate on December 31, 2002, except

11 that the Administrator may extend the termination

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

13 if the Administrator determines that such an exten14 sion is necessary to cover the operation of an experi15 mental aerospace vehicle.

16 (2) EFFECT OF TERMINATION ON AGREE17 MENTS.—The termination of this section does not

18 terminate or otherwise affect a cross-waiver agree19 ment, insurance agreement, indemnification agree20 ment, or any other agreement entered into under

21 this section except as may be provided in that agree22 ment.

Æ