SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized for
construction of facilities under section 101(3)(A) (i)
through (iii), 102(2)(A)(ii) and (4)(A)(ii)(I), or 103(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to
meet unusual cost variations, after the expiration of
15 days following a report on the circumstances of
such action by the Administrator to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
The aggregate amount authorized to be appropriated for
construction of facilities under sections 101(3)(A) (i)
through (iii), 102(2)(A)(ii) and (4)(A)(ii)(I), and 103(3)
shall not be increased as a result of actions authorized
under paragraphs (1) and (2) of this subsection.
(b) SPECIAL RULE.—Where the Administrator deter-
mines that new developments in the national program of
aeronautical and space activities have occurred; and that
such developments require the use of additional funds for
the purposes of construction, expansion, or modification
of facilities at any location; and that deferral of such ac-
tion until the enactment of the next National Aeronautics
and Space Administration authorization Act would be in-
consistent with the interest of the Nation in aeronautical
and space activities, the Administrator may use up to
$10,000,000 of the amounts authorized under sections
101(3)(A) (i) through (iii), 102(2)(A)(ii) and (4)(A)(ii)(I),
and 103(3) for each fiscal year for such purposes. No such
funds may be obligated until a period of 30 days has
passed after the Administrator has transmitted to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science of the House
of Representatives a written report describing the nature
of the construction, its costs, and the reasons therefor.
SEC. 124. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law—
(1) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program for which the President’s annual
budget request included a request for funding, but
for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program in excess of the amount actually
authorized for the particular program under this
title; and
(3) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program which has not been presented to
the Congress in the President’s annual budget re-
quest or the supporting and ancillary documents
thereto,
unless a period of 30 days has passed after the receipt
by the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate of notice given by the Ad-
ministrator containing a full and complete statement of
the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed ac-
tion. The National Aeronautics and Space Administration
shall keep the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate fully and currently in-
formed with respect to all activities and responsibilities
within the jurisdiction of those committees. Except as oth-
erwise provided by law, any Federal department, agency,
or independent establishment shall furnish any informa-
tion requested by either committee relating to any such
activity or responsibility.
SEC. 125. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—
(1) REQUIREMENT.—Not later than—
(A) 30 days after the later of the date of
the enactment of an Act making appropriations
to the National Aeronautics and Space Admin-
istration for fiscal year 1998 and the date of
the enactment of this Act; and
(B) 30 days after the date of the enact-
ment of an Act making appropriations to the
National Aeronautics and Space Administration
for fiscal year 1999,
the Administrator shall submit a report to Congress
and to the Comptroller General.
(2) CONTENTS.—The reports required by para-
graph (1) shall specify—
(A) the portion of such appropriations
which are for programs, projects, or activities
not authorized under subtitle A of this title, or
which are in excess of amounts authorized for
the relevant program, project, or activity under
this Act; and
(B) the portion of such appropriations
which are authorized under this Act.
(b) FEDERAL REGISTER NOTICE.—The Adminis-
trator shall, coincident with the submission of each report
required by subsection (a), publish in the Federal Register
a notice of all programs, projects, or activities for which
funds are appropriated but which were not authorized
under this Act, and solicit public comment thereon regard-
ing the impact of such programs, projects, or activities on
the conduct and effectiveness of the national aeronautics
and space program.
(c) LIMITATION.—Notwithstanding any other provi-
sion of law, no funds may be obligated for any programs,
projects, or activities of the National Aeronautics and
Space Administration for fiscal year 1998 or 1999 not au-
thorized under this Act until 30 days have passed after
the close of the public comment period contained in a no-
tice required by subsection (b).
SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 102 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
SEC. 127. MISSION TO PLANET EARTH LIMITATION.
No funds appropriated pursuant to this Act shall be
used for Earth System Science Pathfinders for a fiscal
year unless the Administrator has certified to the Commit-
tee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate that at least $50,000,000 are available for that
fiscal year for obligations by the Commercial Remote
Sensing Program at Stennis Space Center for commercial
data purchases under section 308(a).
SEC. 128. SPACE OPERATIONS.
No funds appropriated pursuant to this Act shall be
used for Phase Two of the Consolidated Space Operations
Contract until a period of 30 days has passed after the
Administrator has transmitted to the Committee on
Science of the House of Representatives and the Commit-
tee on Commerce, Science, and Transportation of the Sen-
ate a written report which—
(1) compares the cost-effectiveness of the single
cost-plus contract approach of the Consolidated
Space Operations Contract and a multiple fixed-
price contracts approach;
(2) analyzes the differences in the competition
generated through the bidding process used for the
Consolidated Space Operations Contract as opposed
to multiple fixed-price contracts; and
(3) describes how the Consolidated Space Oper-
ations Contract can be transformed into fixed-price
contracts, and whether the National Aeronautics and
Space Administration intends to make such a transi-
tion.
SEC. 129. INTERNATIONAL SPACE UNIVERSITY LIMITATION.
No funds appropriated pursuant to this Act shall be
used to pay the tuition or living expenses of any National
Aeronautics and Space Administration employee attending
the International Space University.
TITLE II—INTERNATIONAL
SPACE STATION
SEC. 201. FINDINGS.
The Congress finds that—
(1) the development, assembly, and operation of
the International Space Station is in the national in-
terest of the United States;
(2) the significant involvement by private ven-
tures in marketing and using, competitively servic-
ing, and commercially augmenting the operational
capabilities of the International Space Station dur-
ing its assembly and operational phases will lower
costs and increase benefits to the international part-
ners; and
(3) when completed, the International Space
Station will be the largest, most capable micro-
gravity research facility ever developed. It will pro-
vide a lasting framework for conducting large-scale
science programs with international partners and it
is the next step in the human exploration of space.
The United States should commit to completing this
program, thereby reaping the benefits of scientific
research and international cooperation.
SEC. 202. COMMERCIALIZATION OF SPACE STATION.
(a) POLICY.—The Congress declares that a priority
goal of constructing the International Space Station is the
economic development of Earth orbital space. The Con-
gress further declares that free and competitive markets
create the most efficient conditions for promoting eco-
nomic development, and should therefore govern the eco-
nomic development of Earth orbital space. The Congress
further declares that the use of free market principles in
operating, servicing, allocating the use of, and adding ca-
pabilities to the Space Station, and the resulting fullest
possible engagement of commercial providers and partici-
pation of commercial users, will reduce Space Station
operational costs for all partners and the Federal Govern-
ment’s share of the United States burden to fund oper-
ations.
(b) REPORTS.—(1) The Administrator shall deliver to
the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate, within 90 days after the date of the
enactment of this Act, a study that identifies and exam-
ines—
(A) the opportunities for commercial ventures
to play a role in International Space Station activi-
ties, including operation, use, servicing, and aug-
mentation;
(B) the potential cost savings to be derived
from commercial ventures playing a role in each of
these activities;
(C) which of the opportunities described in sub-
paragraph (A) the Administrator plans to make
available to commercial ventures in fiscal year 1998
and 1999;
(D) the specific policies and initiatives the Ad-
ministrator is advancing to encourage and facilitate
these commercial opportunities; and
(E) the revenues and cost reimbursements to
the Federal Government from commercial users of
the Space Station.
(2) The Administrator shall deliver to the Committee
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate, within 180 days after the date of the enactment
of this Act, an independently-conducted market study that
examines and evaluates potential industry interest in pro-
viding commercial goods and services for the operation,
servicing, and augmentation of the International Space
Station, and in the commercial use of the International
Space Station. This study shall also include updates to
the cost savings and revenue estimates made in the study
described in paragraph (1) based on the external market
assessment.
(3) The Administrator shall deliver to the Congress,
no later than the submission of the President’s annual
budget request for fiscal year 1999, a report detailing how
many proposals (whether solicited or not) the National
Aeronautics and Space Administration received during
calendar year 1997 regarding commercial operation, serv-
icing, utilization, or augmentation of the International
Space Station, broken down by each of these four cat-
egories, and specifying how many agreements the National
Aeronautics and Space Administration has entered into in
response to these proposals, also broken down by these
four categories.
SEC. 203. SPACE STATION ACCOUNTING REPORT.
The Administrator shall transmit a report to the Con-
gress each year containing a complete accounting of all
costs to the United States of the space station, whether
made in cash or other payments, including barter arrange-
ments with foreign entities.
SEC. 204. REPORT ON INTERNATIONAL HARDWARE AGREE-
MENTS.
Not later than 90 days after the date of the enact-
ment of this Act, the Administrator shall transmit to the
Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on—
(1) agreements that have been reached with for-
eign entities to transfer to a foreign entity the devel-
opment and manufacture of International Space Sta-
tion hardware baselined to be provided by the
United States; and
(2) the impact of those agreements on United
States operating costs and United States utilization
shares of the International Space Station.
At least 90 days before entering into any additional agree-
ments of the type described in paragraph (1), the Admin-
istrator shall report to the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate the na-
ture of the proposed agreement and the anticipated cost,
schedule, commercial, and utilization impacts of the pro-
posed agreement.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
and
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
(2) in section 70101—
(A) by inserting ‘‘microgravity research,’’
after ‘‘information services,’’ in subsection
(a)(3);
(B) by inserting ‘‘, reentry,’’ after ‘‘launch-
ing’’ both places it appears in subsection (a)(4);
(C) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (a)(5);